2. The costs of lawsuit are assessed against the plaintiffs.

A. The Plaintiffs constructed the instant housing on the ground of 2,825 square meters of the land owned by the Plaintiffs (hereinafter “instant forest”). However, in the process, the Plaintiffs did not obtain a building report or permission under the Building Act.

B. On December 2014, the Plaintiff filed a construction report on the instant house with the Defendant pursuant to Article 4 of the Act on Special Measures for the Readjustment of Specific Buildings (hereinafter “Special Building Readjustment Act”).

C. However, on December 8, 2014, the Defendant rendered the instant disposition rejecting the Plaintiff’s report on the ground that the instant house did not constitute “a building that contains the boundary of all or part of the building within 30 meters from the boundary of a road with a width of at least four meters” under the proviso of Article 5 subparag. 2 of the Act on the Adjustment of Specific Buildings and Article 7 subparag. 1 of the Enforcement Decree of the same Act.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. (1) The Plaintiff’s assertion (1) is located within 30 meters from a road with a width of 37.5 square meters in F land, which was established with permission for the occupation and use of a green area granted by the Plaintiff for the development of 1,568 square meters and 2 lots adjacent to the instant forest and land, and thus, the instant housing constitutes a building stipulated in the proviso to Article 5 subparag. 2 of the Act on the Adjustment of Specific Buildings and Article 7 subparag. 1 of the Enforcement Decree of the same Act.

(2) The instant house constitutes “cases where access to the relevant building is deemed not hindered” under Article 44(1)1 of the Building Act, and thus, did not violate the main sentence of Article 5 subparag. 2 of the Act on the Adjustment of Specific Buildings and Article 44 subparag. 1 of the Building Act.

Therefore, the instant disposition on the ground that the instant housing violates Article 5 subparagraph 2 of the Act on the Adjustment of Specific Buildings must be revoked in an unlawful manner.

(b) Entry in the attached Form of relevant statutes;

C. (1) Determination is made as to whether the proviso of Article 5 subparag. 2 of the Act on the Adjustment of Specific Buildings falls under Article 5 of the Act.