The appeal is dismissed.

Costs of lawsuit shall be borne by the defendant.

The grounds of appeal are examined.

1. Unless the application for a building permit is contrary to any restriction prescribed by the relevant Acts and subordinate statutes, such as the Building Act, a person having the authority to grant a building permit shall grant a building permit prescribed by the said Acts and subordinate statutes, and shall not deny a permit to a person meeting the requirements for reasons other than those prescribed

According to Article 56(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) and Article 51(1)1 of the Enforcement Decree thereof (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”), a person who intends to engage in an act falling under construction of a building under Article 2(1)2 of the Building Act (hereinafter “building and columns or walls among structures settled on land, and facilities attached thereto, etc.”) shall obtain permission for development activities. A person who obtains a building permit under the Building Act shall be deemed to have obtained permission for development activities under the said National Land Planning Act (Article 11(1) and (5)3 of the Building Act). Accordingly, Article 12(1) of the Building Act provides that a person who intends to verify whether the building permit is for the use, size, or structure of the building in question or on the site concerned under Article 61(1)2 of the Enforcement Decree of the National Land Planning and Utilization Act shall be deemed to have been granted permission for construction activities (Article 11(1) and (5)3 of the Building Act).

In addition, Article 57 (1) of the National Land Planning and Utilization Act provides that a person who intends to engage in development activities shall submit an application accompanied by a plan for the construction of infrastructure or the securing of sites required for such development activities, prevention of danger and injury, prevention of environmental pollution, landscape, landscaping, etc. to the development right holder, but a person who intends to construct a building subject to the Building Act shall submit an application in accordance with the procedure provided by the Building Act

In addition, Article 58 (1) of the National Land Planning and Utilization Act.