1. The plaintiff's claim is dismissed.

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

Details of the disposition

On October 5, 2016, the Plaintiff filed a building report (No. 1, hereinafter “instant building report”) with the Defendant on the content that reinforced concrete of the building area and the total floor area of 71.94m2 on the ground of the instant land (hereinafter “instant land”) was built on the building area and the building area of Class 1 neighborhood living facilities (retailing stores) (hereinafter “instant building”).

The instant land (specific-use area: Class 1 exclusive residential area) is designated as a restricted protection area (within 1 km relating to explosives) under Article 5(1)2(c) of the Protection of Military Bases and Installations Act (hereinafter “Military Bases Act”) in the vicinity of the carbon altitude managed by the Air Force CFlight (hereinafter “instant flight squad”).

(B) On October 7, 2016, the Defendant requested the head of the flight group of the instant flight group (hereinafter “the head of the instant flight group”) to hold consultation on the construction of the instant building report (the construction of the restricted protection zone) (Evidence B) and the head of the said flight group on November 24, 2016, the head of the instant flight group within the explosives safety distance (the distance of residential facilities) where the instant land is damaged by human life and building at the time of explosion of explosives, and the said building report does not contain any necessary reasons for consent (such as extension, reconstruction, reconstruction, etc. of existing houses) stipulated in Article 8(1) of the Enforcement Rule of the Military Bases Act.

On November 29, 2016, the Defendant notified the Plaintiff of the non-acceptance of the instant building report (Evidence A No. 1 and hereinafter “instant disposition”).

【In the absence of any dispute, there is no ground for recognition, entry of Gap evidence 1, Eul evidence Nos. 1 through 5, assertion of the purport of the whole pleadings, and determination of the plaintiff's allegation, the head of the instant flight group shall undergo deliberation by the Deliberation Committee on the Protection of Military Bases and Installations in violation of Article 13(4) of the Military Bases Act.