1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The reasons for this part of the disposition are as stated in the corresponding part of the judgment of the court of first instance (as stated in the corresponding part of the judgment of the court of first instance). Thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The original owner of the land of this case did not waive his exclusive right to use and benefit from the land of this case, and even if so, it does not succeed to the burden of the land of this case because the plaintiff, who is the present owner, did not purchase the land of this case with the knowledge of such circumstances. Moreover, since the latter part of the previous C apartment connected to the land of this case, is transferred or installed to another place due to reconstruction, etc., the plaintiff's right to use and benefit from the land of this case should be recognized. However, since the plaintiff's application for the construction permit of this case is not inconsistent with any restriction stipulated in the related laws and regulations such as the Building Act, etc., the disposition of this case which rejected the plaintiff's construction permit of this case is unlawful. 2) Since the issue of the land of this case among the defendant's assertion of this case is related to C Apartment's late door and neighboring commercial building, etc., which is provided as a passage for the general public, it is likely that the plaintiff's exclusive right to use and benefit from the land of this case should be abandoned.