1. The defendant's disposition of non-construction permit (new construction) against the plaintiff on March 6, 2020 is revoked.

2. The costs of lawsuit shall be.

1. Details of the disposition;

A. On December 2, 2019, the Plaintiff filed an application for a building permit (new construction) with the first floor above ground, 2 Dong, 197.28 square meters above, and 1st class neighborhood living facilities (stores) (hereinafter “instant application”). (b) On March 6, 2020, the Defendant rendered a disposition against the Plaintiff refusing the instant application due to the following reasons (hereinafter “instant disposition”). The Defendant: (a) on the ground that, if a building or structure is installed due to a green belt on the ground of nature on the ground of use, it is likely that the green axis might damage surrounding landscape; and (b) the purport of recognizing the building permit under Article 58 of the National Land Planning and Utilization Act and Article 56 of the Enforcement Decree of the Urban Planning Act and Article 156 of the Ordinance on Urban Planning and Utilization (hereinafter “the instant disposition”); and (b) on the ground that there is no need for efficient consultation with the Plaintiff on the construction permit under Article 201 of the Urban Planning and Utilization Act; and (c) the purport of the Building permit under Article 15601 of the Ordinance on Urban Planning and Utilization.

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is to revoke the instant disposition on the following grounds.

1) On the west side of the instant application, there is an expressway in the East Sea, and there is a two-lane road facing about 30 meters in the east side of the instant application, and among the instant application areas, land B in Busan-gun is standing timber-free, and the accumulation rate of standing timber-free land C is at least 2.76%, and the standards for the accumulation rate of standing timber-free land under Article 22 of the Busan Metropolitan City Ordinance on Urban Planning are met. As such, there is no room to cut down a green axis due to development activities on the instant application area, and the vicinity of the instant application area is already developed.