The Defendant’s disposition of non-permission to modify the construction permission granted to the Plaintiff on June 14, 2019 is revoked.

The costs of lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On October 1, 2018, the Plaintiff obtained a construction permit including permission for development and reporting and consultation on the diversion of farmland (hereinafter “instant building permit”) from the Defendant, on the following grounds: (a) the Plaintiff newly constructed a housing site area of 2,124 square meters; (b) the building area of 180 square meters; and (c) the first class neighborhood living facilities (stores) on the ground of the total floor area of 180 square meters; and (d) the Plaintiff obtained a construction permit including permission for development and reporting on the diversion of farmland (hereinafter “instant building permit”).

B. On April 23, 2019, the Plaintiff filed an application with the Defendant for permission to change a construction permit that changes the above neighborhood living facilities to “Class I neighborhood living facilities (stores) and resources circulation-related facilities (hereinafter “instant facilities”) in the same area and size (hereinafter “instant application for change”).

Grounds for Non-permission

(a) Pursuant to Article 58(1)4 of the National Land Planning and Utilization Act and Article 56(1)2, 1-D-(1) of the Enforcement Decree of the same Act, the land use status of surrounding areas or the surrounding environment or landscape, such as the land use plan, shall be in harmony with the surrounding environment or landscape. However, the instant facilities are adjacent to the local highway C, where the instant application is filed, and as the right-hand house exists, the instant land use status and the land use plan, etc. in the surrounding areas cannot be in harmony with the surrounding landscape;

B. Under Article 58 (1) 4 of the National Land Planning and Utilization Act and Article 56 (1) 1-2, 1-D-2, and (2) of the Enforcement Decree of the same Act, development activities are likely to cause environmental pollution, destruction of the ecosystem, or damage caused by air pollution, water pollution, soil pollution, noise, vibration, dust, etc. to the relevant area and its surrounding area, but at the time of operating the facility of this case, there is no risk of multiple environmental pollution and damage to the surrounding area, including farmland formed over the south/North Korea at the time of operating the facility of this case.

C. According to the provisions of Article 1 of the Building Act, the Building Act sets forth the standards for site, structure, equipment, use, etc. and sets forth the safety, function, environment, and aesthetic view of buildings.