1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On May 6, 2015, the Plaintiff is the owner who acquired C Forest Land of Seodaemun-gu, Seoul (hereinafter “instant land”) and D Forest Land of 1,821 square meters (hereinafter “instant land”) and D Forest Land of 1,821 square meters (hereinafter “instant land”) on May 6, 2015.

On August 9, 2017, pursuant to Article 63 of the former National Land Planning and Utilization Act (amended by Act No. 15314, Dec. 26, 2017; hereinafter “former National Land Planning Act”), Article 60 of the Enforcement Decree of the same Act, Article 68 of the Seoul Special Metropolitan City Ordinance on Urban Planning, Article 68 of the former Framework Act on the Regulation of Land Use (amended by Act No. 15324, Dec. 26, 2017); “B” of Seodaemun-gu Seoul Special Metropolitan City, Seodaemun-gu, Seoul Special Metropolitan City public notice; “The restriction period is two years from the date of public notice; “The forest is adjacent to the E Park and is likely to seriously pollute or damage the environmental landscape view, etc. surrounding the park; the restriction object is “construction of buildings or alteration of structures subject to permission for development activities; the gathering of soil and rocks; the designation of a restricted area for development activities as a land and the designation of a restricted area for development activities.”

(2) Based on Article 57(1) of the former National Land Planning Act and Article 9 of the Enforcement Rule of the same Act, the Plaintiff filed an application with the Defendant for permission to engage in development activities for the purpose of changing the form and quality of land for the construction of detached houses (hereinafter “instant application site”).

Based on Article 63(1)2 of the former National Land Planning Act and Article 8(1) of the Enforcement Rule of the Seoul Metropolitan Government Ordinance on Urban Planning on September 11, 2017, the Defendant’s application for the instant case is likely to seriously pollute or damage the surrounding environmental landscape and aesthetic view at the time of development activities, and changes to the form and quality of land for two years pursuant to Article 63 of the former National Land Planning Act.