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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On March 8, 2017, the Plaintiff owned a house of 420 square meters (hereinafter “instant land”) and of 55 square meters in the building area, which was designated as a development restriction zone, and received compensation for the instant housing from the Defendant, the project implementer, as the instant land was incorporated into a site for public works (D Creation).
On the other hand, there is no building management ledger for the housing of this case.
B. On February 19, 2018, the Plaintiff filed an application for a construction permit with the Defendant to permit the construction of a detached house of the size of 230.04 square meters on the land of another development restriction zone pursuant to Article 12(1)1(e) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”) and Article 13(1) [Attachment Table 1] 5(c) of the Enforcement Decree of the same Act. Article 13(1) [Attachment Table 1] 5(c) of the Enforcement Decree of the Development Restriction Zone Act (hereinafter “Land Compensation Act”), where a house is removed due to the implementation of public works under the Act on Acquisition of and Compensation for Land, etc. for the Existing Public Works Projects, the owner of the existing house may newly construct the existing house on his/her own land.
However, as a result of comparing and confirming the current status of the instant land and relevant public records, such as general building ledger and building management ledger, the instant housing constitutes an unauthorized building, not an existing house at the time of the designation of a development restriction zone, and thus, there is no right of removal pursuant to
C. On March 16, 2018, the Defendant notified the Plaintiff of non-permission of the above construction permit application with the following purport.
hereinafter referred to as "the case."