1. The plaintiff's claim is dismissed.

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

Basic Facts

A. The Plaintiff is the owner of land D at Jeju-si (hereinafter “instant land”), detached houses with the second floor size above the above ground (hereinafter “instant housing”) and neighborhood living facilities (hereinafter “instant neighborhood living facilities before and after their removal”) who reside in the instant housing. The Defendant intends to newly construct “B-tourist hotel” (hereinafter “instant tourist hotel”) with the second floor above the ground and fourth floor above the ground, which are accommodation facilities with the size of 17,82.6m2 square meters above the instant housing and neighborhood living facilities (hereinafter “instant site”) in Jeju-do, adjacent to the north of the instant housing and neighborhood living facilities.

B. On May 21, 2012, the Plaintiff newly built the instant housing and resides with his family members, and removed the instant neighborhood living facilities that were adjacent to the instant housing in order to operate a car page and restaurant, and then is under construction of a new neighborhood living facilities.

C. On April 18, 2014, the Defendant, upon deliberation by the Jeju Special Self-Governing Province Urban Planning Committee on the development activities of the instant tourist hotel (hereinafter “instant deliberation”), obtained conditional deliberation, the main contents of which are “to cut the building to secure a stable,” and obtained a building permit from Jeju Special Self-Governing Province, by changing some sections of the second and fourth floors of the instant tourist hotel into a traffic channel made of a transparent dunes glass instead of a guest room.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 12 through 14 (including provisional numbers), Eul evidence No. 1, and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings, the plaintiff constructed the house of this case to view the beaches, different from traditional construction methods, in order to directly look at the beautiful landscape of Jeju-do seashores, and used it as a raft, food, and multi-family house to view the beaches.