1. Revocation of the first instance judgment.

2. The Defendant’s provisional disposition of denying extension made against the Plaintiff on July 26, 2016 is revoked.

3.

Details of the disposition

The Plaintiff is a person who newly constructs and owns a Class 1 neighborhood living facility (retail stores) with a total floor area of 389.16 square meters on the ground of the 2,027 square meters in Seongdong-gu, Sungnam-gu, Incheon Metropolitan City, C large 36 square meters, D large 52 square meters, and E large 83 square meters (hereinafter “instant land”).

On July 2016, the Plaintiff filed an application with the Defendant for permission to extend the building of this case to 110.40 square meters (hereinafter “instant application”).

On July 26, 2016, the Defendant rendered a disposition of denying the above extension on the ground that the construction of a building in an area where infrastructure (public sewerage) has not been installed pursuant to Article 58(1)5 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 22 of the Sungnam-si Urban Planning Ordinance (hereinafter “instant Ordinance”) was impossible.

(hereinafter “instant disposition”). The instant building has a private sewage treatment facility (8 cubic meters/1 day) installed in the instant building. The expected amount of wastewater generated (7.49 cubic meters/day) to the total floor area of 499.56 square meters (110.40 square meters in an existing area of 389.16 square meters) in cases where the extension is permitted following the instant application is within the scope of the sewage treatment capacity of the said private sewage treatment facility.

[Reasons for Recognition] A without dispute, entry of Gap evidence Nos. 1, 2, 9, 11, Eul evidence Nos. 1, 2, 3, and 10 (including serial numbers; hereinafter the same shall apply) and the overall purport of the pleading, as well as the purport of the entire pleading, Article 58 (3) of the National Land Planning and Utilization Act, Article 56 (1) [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act

2.(a)

(2) Paragraph (2) does not, in principle, permit the construction, etc. of buildings in areas where roads, waterworks and sewerage are not installed. However, in cases prescribed by urban/Gun ordinances to the extent that any disorderly development is not caused, the construction, etc. of buildings may be permitted.