2018Nu2965 Revocation of Disposition rejecting a building report;

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Attorney OOO-O

B. Franch Chapter

Attorney OOO, OO in charge of OOO, a legal entity

Litigation PerformersOOO

Daegu District Court Decision 2017Guhap22666 Decided April 5, 2018

August 31, 2018

September 21, 2018

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

1. Purport of claim

On June 2, 2017, the defendant revoked a disposition not to accept a construction report filed against the plaintiff on June 2, 2017.

The text shall be as shown in the text.

1. Details of the disposition;

A. On April 19, 2017, the Plaintiff filed a building report with the Defendant pursuant to Article 14 of the Building Act in order to newly build one unit of detached house with the building area of 81.5 meters on the ground of ○○○○○○○○-gun, ○○○○○-do, 403-5 2,278 square meters (hereinafter “instant land”).

B. On June 2, 2017, the Defendant notified the Plaintiff on June 2, 2017, that “the roads adjacent to the instant land (No. ○○○○○623 on the same page) cannot pass along with other roads on the public account book, which would interfere with access to the instant building if the owner of a road currently in use prevents passage,” and that the instant building report was not accepted due to the reasons such as “the instant disposition” (hereinafter “the instant disposition”).

[Ground of recognition] Facts without dispute, entries in Gap evidence 1, 2, and 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

1) Since the instant land is connected to ○○○○○○○-gun ○○○○○○○○○-gun 623 roads, ○○○○○○ 130, and ○○ 624 roads, etc. (hereinafter “instant forest road”), it is connected to ○○ ○○ ○○ ○○ ○○ Do, and ○ 624 roads, etc., hereinafter “the instant forest road”). As such, the instant land constitutes “a case where the site for the building site is adjacent to the road at least 2 meters.”

2) Unless otherwise, the instant land can be located in the said ○○-ri 623 roads, the said ○○-ri 612 ditches, and the said ○○-ri 612 ditches, and the said land constitutes the case where it is deemed that there is no hindrance to the entry of the building under Article 44(1)1 of the Building Act.

Therefore, the instant disposition is unlawful because there is no ground for disposition.

3) However, the instant disposition is unlawful as it violates the principle of trust protection. That is, in the vicinity of the instant land, each of the above ○○○○-ri 403-1 ground warehouses, the above ○○○ 406-1, and the above ○○ 549 ground-based detached houses are already constructed. The Plaintiff trusted the acceptance of the existing building report and trusted such acceptance of the building report, and filed the instant building report, and the Defendant’s rejection on the ground of obstruction of passage or passage is contrary to the principle of trust protection.

B. Relevant statutes

Attached 1 is as shown in the "relevant Acts and subordinate statutes".

C. Determination

1) The legal principles pertaining to whether the instant land constitutes a case where there is no obstruction to access to or access to the road

According to Article 2(1)11 of the Building Act and the main sentence of Article 44(1) of the same Act, the term “road” means a road with at least two meters wide adjoining to a road (excluding a road exclusively used for motor vehicle traffic). Here, the term “road” means a road, the width of which is at least four meters wide for pedestrian and motor vehicle traffic, for which a public announcement of new construction or alteration is made pursuant to the Act on Planning and Utilization of National Land, the Road Act, the Private Road Act, or other relevant Acts and subordinate statutes, or a road or a proposed road, the location of which is designated and publicly announced by the head of a Si/Gun/Gu at the time of building permission or report. The purpose of Article 44 of the Building Act provides for a contact duty with a building site. It means a road, the actual condition of which is not prescribed in Article 9(1)1 of the Building Act, such as construction of a new road, if it is impossible for a user of the building to specially regulate the relation with the building site, and construction of a building on land not adjoining the road.

In full view of the contents, structure, legislative intent, etc. of the Management of Mountainous Districts Act, “a road to minimize damage to forests and meet the requirements that do not interfere with restoration” when permission for conversion of a mountainous district for construction is granted, and “a road which is actually possible to pass” refers to a case where the completion inspection is not completed but it is expected that the completion inspection according to the relevant administrative disposition will be completed because an administrative disposition regarding a road on which passage has been actually made effective. In the case of a private forest road, using a forest road, which is a mountainous district, for traffic of the general public, beyond the purpose of a forest road, constitutes a conversion of a mountainous district and requires permission for conversion of a mountainous district (see, e.g., Supreme Court Decision 2013Du27487, May 16, 2014).

B) the facts of recognition

(1) The north side boundary of the land of this case adjoins to the Ma○-ri 623 Do road, as shown in the annexed land No. 2, and the above ○○-ri 623 road adjoins to the east of the above ○○-ri 612 ditch, the above ○○-ri 624 road, the above ○○○-ri 624 road, the above ○○ri 109-6 forest and the above ○○ri 63 forest and the above ○○ri 63 forest and the above ○ri 63 forest and the above ○○ri 63 forest and the above ○ri 63 forest and the above ○ri 63 forest and the above ○ri Do-ri Do-ri

(2) However, the above O○○-ri 623 and the above O○-ri 612 ditches are state-owned land and do not have the form of road. At the time of the building report of this case, the Plaintiff filed an application for permission to occupy and use a road with the Defendant for the purpose of securing access to a new ○○-ri 623 road and the above ○○-ri 130 road. As for the above ○○-ri 612 ditch, the Plaintiff filed an application for permission to use an agricultural production launch facility for the same purpose, but the permission has not yet been granted. (3) From the north part of the above O○-ri 623 road to Dong, the above O○-ri 130 road, the above ○○-ri 624 road, the above ○○-ri 1096 forest and forest land, and the above 14m forest and forest land were constructed in the 194m area of the instant forest and forest land. (hereinafter referred to as 197m of the instant forest and forest land.).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 3 through 14, Eul evidence Nos. 1, 2, 5, and 6 and images, and the result of a fact-finding inquiry into the head of the 1C Gun, the purport of the whole pleadings)

In light of the above facts, the land of this case is a road with a public wound only, but it is actually adjacent to the above 00-ri 623 road or the above 612-ri 612 ditch, which does not fall under the forest land, and does not have any access to the land actually functioning as a road or any access to the road. Furthermore, the land of this case can be deemed to be a road with a contribution only through the forest road of this case. Since the part of the forest road of this case in this case can not be used as a general road because permission for mountainous district conversion is not yet granted, it is difficult to see that the land of this case is adjacent to the road of this case or there is no obstacle to access. In light of these circumstances, the above facts recognized and the fact inquiry about the items and images of evidence Nos. 1 through 14 (including numbers) submitted by the plaintiff, and the fact inquiry about the head of the first instance C head of the Si/Gun, and therefore, the plaintiff's assertion that the land of this case is not in contact with the road of this case more than 2 meters.

In order to apply the principle of the protection of trust to an act of an administrative agency, ① an administrative agency must name the public opinion that is the subject of trust to the public person, ② an administrative agency’s reliance on the legitimacy and trust of the statement of opinion should not be attributable to the individual; ③ the person should have trusted the statement of opinion and committed any act corresponding thereto; ④ an administrative agency’s disposition contrary to the above statement of opinion should result in an infringement of the individual’s interest in trust; ⑤ When taking an administrative disposition in accordance with the above statement of opinion, the administrative agency’s reliance on the statement of opinion should not be reduced, nor should it be likely to seriously undermine the public interest or legitimate interests of a third party (see, e.g., Supreme Court Decision 2004Du46, Jun. 9, 206).

In accordance with the above quoted evidence and evidence Nos. 1 through 8 and the purport of the entire film and oral argument, among the buildings alleged by the plaintiff, ① The above above above 00-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri 623 and the above 00-ri-ri-ri-ri-ri-ri-do 10 lines, not the forest roads of this case, constitute a case where the above 00-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri 406-1 above-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri were recognized as not impeding entry into the building report of this case or the fact that the above 100-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-owned-owned-owned-owned-owned-owned-land building report of this case.

Therefore, the plaintiff's assertion on this premise is without merit. 3. Conclusion

Thus, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted, and the judgment of the court of first instance is revoked and the plaintiff's hearing Gu is dismissed. It is so decided

(Presiding Judge)

Freeboard Kim

x. Jark Sick Number

Attached Table 1

Relevant statutes

Building Act

Article 2 (Definitions)

(1) The terms used in this Act shall be defined as follows:

11. The term "road" means a road of at least four meters wide for pedestrian and motor vehicle traffic;

(1) In cases of dead-end roads, roads with a structure and width prescribed by Presidential Decree) under any of the following items:

Any of the roads or proposed roads means any of the roads.

(a) New buildings pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, and other related Acts and subordinate statutes;

A road for which a public notice of establishment or alteration has been given;

(c) A Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan Autonomous City Mayor, a Do Governor, or a Special Self-Governing Province Governor (hereinafter referred to

The head of a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu)

Roads announced publicly;

Article 11 (Building Permits)

(1) A person who intends to construct or repair a building shall obtain permission from a Special Self-Governing City Mayor, Special Self-Governing Province Governor or

A building shall be subject to inspection: Provided, That a special building of at least 21 floors, the use and size of which are prescribed by Presidential Decree, including buildings;

When a building is to be constructed in a Si or Metropolitan City, permission from the Special Metropolitan City Mayor or Metropolitan City Mayor shall be obtained.

Article 14 (Construction Report)

(1) Even a building subject to permission under Article 11 falls under any of the following cases:

A new Special Self-Governing City Mayor, Special Self-Governing Province Governor, or head of a Si/Gun/Gu

If an appeal is made, a building permit shall be considered to have been granted.

1. Extension, renovation, or reconstruction of the total floor area of not more than 85 square meters: Provided, That in cases of buildings with not less than three floors, the expansion thereof;

Cases where the total floor area of the part to be reduced, reconstructed, or reconstructed is within 1/10 of the total floor area of the building;

The determination shall be determined.

2. A year in a control area, agricultural and forest area, or natural environment conservation area designated under the National Land Planning and Utilization Act.

Construction of a building with an area of less than 200 square meters and less than three floors: Provided, That any of the following load:

of this section, the construction in such area shall be excluded.

3. Substantial repair of a building with a total floor area of less than 200 square meters and less than three floors;

4. Substantial repair of a building prescribed by Presidential Decree without demolishing its main structural parts;

5. Construction of any other small building prescribed by Presidential Decree.

Article 44 (Relation between Site and Road)

(1) The site of a building shall adjoin to a road of at least 20 meters wide (excluding a road exclusively dedicated to motor vehicle traffic).

Provided, That the same shall not apply to any of the following cases:

1. Where there is deemed to be no problem in accessibility to the building;

2. Where there is any vacant area around the building as prescribed by Presidential Decree.

3. Where a farming shed defined in subparagraph 1 (b) of Article 2 of the Farmland Act is constructed.

(2) Width of roads, length of the part on which the site of a building adjoins roads, and the pipes between sites and roads.

Matters necessary for the guidance shall be prescribed by Presidential Decree.

former Building Act (amended by Act No. 7696 of Nov. 8, 2005)

Article 8 (Building Permits)

(1) A person who intends to conduct any of the following construction or substantial repair shall obtain permission from the head of a Si/Gun/Gu:

(c) the Seoul Special Metropolitan City or Metropolitan Cities: Provided, That buildings of 21 stories or more and the use and scale of which are prescribed by Presidential Decree;

Where construction is intended, permission shall be obtained from the Special Metropolitan City Mayor or the Metropolitan City Mayor.

4. 7

1. Structures within the urban area and the Class-II district unit planning zone designated under the National Land Planning and Utilization Act;

A person who intends to construct or repair on a large scale;

2. A person who desires to construct or make a large-scale repair of a building in a zone determined by the Presidential Decree;

3. Total floor area of not less than 200 square meters or not less than 3 floors in the areas or zones other than those referred to in subparagraphs 1 and 2.

A merchant’s building (in the case of an extension of an existing building, the total floor area of the building is not less than 200 square meters due to the extension of the existing building or

A person who intends to construct or repair on a large scale (including cases where the person becomes more than 3 persons).

/ Enforcement Decree of the Building Act

Article 11 (Construction Report)

(3) "Buildings prescribed by Presidential Decree" in Article 14 (1) 5 of the Act means any of the following buildings:

the term “catus” means cattle;

1. A building with a total floor area not exceeding 100 square meters;

2. A building of which height is extended by up to 30 meters;

3. A building constructed in accordance with standard architectural plans and drawings (hereinafter referred to as "standard architectural plans and drawings") under Article 23 (4) of the Act;

A building prescribed by Building Ordinance, the use and size of which are deemed not to impair the surrounding environment and fine views;

4. Industrial areas under Article 36 (1) 1 (c) of the National Land Planning and Utilization Act, and subparagraph 5 of Article 51 of the same Act;

District unit planning zones under paragraph (3) (limited to industries and distribution types under subparagraph 10 of Article 48 of the Enforcement Decree of the same Act) and

The total floor area of a building with not more than two floors built in an industrial complex under the Industrial Sites and Development Act;

A factory with a total of 500 square meters or less (when for the manufacture and processing of goods, such as a manufacturing establishment, etc. under subparagraph 4 (p) of attached Table 1);

(including snow)

5. A regional plan for Eup/Myeon areas (the Special Self-Governing City Mayor, the Special Self-Governing Province Governor, and the head of a Si/Gun);

or 200 square meters of the total floor area to be constructed in a district designated and publicly announced as an obstacle to an urban or Gun plan (excluding a district designated and publicly announced);

A stable with a total floor area of not more than 400 square meters, a stable, crop cultivation shed, seed cultivation facility, seed cultivation facility, and flowers, not more than 400 square meters;

and greenhouses of pots, etc.

Article 28 (Relation between Site and Road)

(1) "Public announcement prescribed by Presidential Decree" in Article 44 (1) 2 of the Act means squares, parks, amusement parks, and other related Acts and subordinate statutes.

(2) A construction project, the total floor area of which is at least 2,00 square meters (in the case of a factory, 3,000 square meters) pursuant to Article 44 (2) of the Act, shall be deemed at least 2,00 square meters.

Water (excluding cattle sheds, crop cultivation sheds and similar buildings, the size of which is prescribed by Building Ordinance, excluding buildings prescribed by Building Ordinance.

(c) the site adjoins to a road of not less than 6 meters wide.

The Road Act

The definitions of terms used in this Act shall be as follows:

1. The term "road" means any facility prescribed by Presidential Decree, such as roadways, sidewalks, bicycle lanes, side roads, tunnels, bridges, overpasses, and overpasses;

consisting of things listed in Article 10, including road appurtenances.

Article 10 (Kinds and Grades of Roads)

The kinds of roads shall be as follows, and the grades thereof shall be as listed in the following subparagraphs:

1. National expressways (including branch lines of national expressways);

2. National highways (including branch lines of the national highways);

3. Special Metropolitan City roads and Metropolitan City roads;

Local highway

5. City/Do;

6. Gun roads;

7. Gu roads.

Article 61 (Permission to Occupy and Use Roads)

(1) A road (including a road zone) shall be constructed, reconstructed, altered, or removed from a structure, object, or other facility, or due to other reasons.

(c) A person who intends to occupy and use a road shall obtain permission from the competent road management authority. The permitted period;

Extension or modification of the permitted matters (any object dangerous to road structure or traffic safety other than the permitted matters)

The same shall also apply to the case of new installation.

(2) The types of structures, things, and other facilities that can occupy and use a road with permission granted pursuant to paragraph (1) and the standards for permission.

Matters necessary for such matters shall be prescribed by Presidential Decree.

(3) A road management authority shall occupy and use the same road (limited to occupancy and use of land, including three-dimensional road zones) under paragraph (1).

If at least two persons apply for permission, permission to occupy and use a road shall be granted by means of general competition.

A person may be selected.

(4) Criteria for selecting a person eligible to obtain permission to occupy and use a road by open competition pursuant to paragraph (3);

Matters necessary for the selection procedure, etc. of a person who is permitted to occupy and use a road shall be prescribed by Presidential Decree.

Article 2 (Roads)

"Road roads, sidewalks, bicycle lanes, side roads, tunnels, bridges" in subparagraph 1 of Article 2 of the Road Act (hereinafter referred to as the "Act");

"Facilities prescribed by Presidential Decree, such as overpasses" means the following facilities or structures:

1. Road, sidewalk, bicycle lane, and side road;

2. Tunnels, bridges, underground roads, and overpasses (including elevators installed at the relevant facilities);

3. Tramways;

4. Breast walls, drainage ditches, underground passages and embankment facilities;

5. Ferry stations and facilities installed on waters for the traffic of ferries.

Mountainous Districts Management Act

The definitions of terms used in this Act shall be as follows:

1. The term "mountainous district" means any of the following land: Provided, That housing site creation projects are completed:

Farmland, grassland, road, and other land whose land category has been changed to a large scale, as prescribed by Presidential Decree.

Land shall be excluded.

(a) Land, the classification of which under Article 67 (1) of the Act on the Establishment, Management, etc. of Spatial Data is forest;

(c) Land on which standing trees or cattle are collectively cultivated;

(c) Land where standing timber and livestock collectively raised are temporarily lost;

(d) Land used for collective growth of standing timber and livestock;

(e) Forest roads, work roads, and other mountain passes;

(f) Rock and marshland on the land referred to in items (b) through (d);

2. The term "conversion of mountainous district" means using mountainous districts for purposes other than the following purposes or such conversion:

to change the form and quality of a mountainous district.

(a) Afforestation, forest cultivation, or deforestation and extraction of standing timber;

(c) Gathering of forest products, such as earth and stone;

(c) Height of forest products prescribed by Presidential Decree from the ground level through the filling-up or cutting of earth, etc.;

Cases involving a change in the form and quality at least 50 centimeters in depth and cases involving the installation of facilities;

[Outstanding]

(d) Temporary use of forests;

3. The term "temporary use of a mountainous district" means:

(a) Mountainous districts, other than those falling under any of subparagraphs 2 (a) through (c), on condition that mountainous districts will be restored;

Use for a specified period or changing the form and quality of a mountainous district for such purpose;

(c) Use of forest roads, work roads, forest products transportation roads, forest paths, such as mountain trails, etc., or other similar mountain passes in a mountainous district;

for the purpose of changing the form and quality of a mountainous district;

Article 14 (Permission for Conversion of Mountainous Districts)

(1) A person who intends to convert a mountainous district shall specify its use and classify the types, areas, etc. of mountainous districts prescribed by Presidential Decree.

A permit for the Administrator of the Korea Forest Service, etc. shall be obtained, and the same shall also apply to any change in permitted matters.

Where any minor matter prescribed by Ordinance of the Ministry of Food is intended to be modified, report to the Administrator of the Korea Forest Service

the corporation.

(2) The Minister of the Korea Forest Service shall take administrative dispositions deemed necessary to grant permission for mountainous district conversion under other Acts.

Where consultation is requested to a person, etc., the standards for permission for conversion under Article 18 shall be prescribed by Presidential Decree.

the Administrator of the Korea Forest Service, etc. shall submit documents necessary to review whether such documents are appropriate.

(3) After consultation under paragraph (2), the head of the relevant administrative agency shall take an administrative disposition by which permission for mountainous district conversion is deemed granted.

shall promptly notify the Administrator of the Korea Forest Service, etc. of such fact.

Article 15 (Reporting on Conversion of Mountainous Districts)

(1) Notwithstanding Article 14 (1), a person who intends to convert a mountainous district for any of the following purposes shall do so:

Countries managed and managed by the Minister of the Korea Forest Service pursuant to Article 4 (1) of the State Forest Administration and Management Act;

Mountainous districts of a forest; hereinafter the same shall apply) shall be classified into the Minister of the Korea Forest Service, and mountainous districts of a forest which is not a state forest.

He/she shall report to the head of the Si/Gun/Gu. He/she shall change the matters prescribed by Ordinance of the Ministry of Agriculture

The same shall also apply to the case of intent.

1. Facilities for forest management, mountain village development, and forestry experimental research, and arboretums, forest ecological gardens, natural recreation forests, etc.;

Installation of forest public interest facilities and auxiliary facilities

2. Building houses and other auxiliary facilities of farmers, fishermen, and fishermen;

3. Rent for warehouses, collection centers, processing facilities, etc. of agricultural and fishery products subject to a building permit or building report under the Building Act;

Installation of facilities prescribed by Ordinance of the Ministry of Government Administration;

(2) Procedures for reporting mountainous district conversion under paragraph (1), the scope of facilities and activities subject to reporting, installation area, installation conditions, etc.

Matters shall be prescribed by Presidential Decree.

(3) The Minister of the Korea Forest Service or the head of a Si/Gun/Gu who has received a report under paragraph (1) shall report under paragraph (2)

Where the scope, area, conditions of installation, etc. of facilities subject to reporting meet the requirements, the Minister of Agriculture, Food and Rural Affairs

such report shall be accepted as the case may be.

(4) The Minister of the Korea Forest Service shall take administrative dispositions to which reporting of mountainous district conversion is deemed granted under other Acts.

Article 14 (2) and (3) shall apply mutatis mutandis to consultation with or with the head of a Si/Gun/Gu and notification of the disposition thereof.

Article 23 (Permission for Use of Agricultural Infrastructure)

(1) An agricultural infrastructure manager intends to use the agricultural infrastructure or water for purposes other than its original purpose or to use it.

When allowing a person (other person) to use, he/she shall obtain permission from the head of the Si/Gun/Gu: Provided, That agricultural infrastructure shall be permitted.

Where the facility manager is the Korea Rural Community Corporation and the same does not interfere with the maintenance and management of agricultural infrastructure;

In cases of insignificant matters prescribed by Ordinance, this shall not apply.

(2) Permission for use under paragraph (1) shall be granted to the extent that does not interfere with the original purpose or use thereof.

(4) Where usage fees are collected from an employer pursuant to paragraph (3), the usage fees may be collected in the same manner as delinquent local taxes are collected.

Matters mentioned above shall be prescribed by Presidential Decree.

【Enforcement Decree of the Rural Development Act

Article 31 (Permission for Use of Agricultural Infrastructure or Water)

(1) An agricultural infrastructure manager except the Korea Rural Community Corporation shall do so pursuant to the main sentence of Article 23 (1) of the

Permission for use to use water for purposes other than its original purpose or to allow other persons to use water;

To receive an application for permission for use prescribed by Ordinance of the Ministry of Agriculture, Food and Rural Affairs, including the following:

The head of the Gu shall submit it to the head of the Gu: Provided, That the matters referred to in subparagraph 5 may be omitted in determining users through competitive bidding.

1. Reasons for use for other purposes;

2. Quantity of the agricultural infrastructure or water to be used for any purpose other than its original purpose;

3. Details, method and period of use for any purpose other than its original purpose;

4. Estimated amount of usage fees and grounds for calculation thereof under Article 32;

5. Address and name or title of the employer, other than the original purpose;

(2) The original purpose of the agricultural infrastructure or water managed by the Korea Rural Community Corporation pursuant to the proviso to Article 23 (1) of the Act.

A person who intends to use for any purpose other than those listed in the subparagraphs of paragraph (1) (excluding subparagraph 4) shall be included therein.

(1) The application for use provided by the Corporation shall be filed with the Korea Rural Community Corporation and the agricultural production managed by the Korea Rural Community Corporation

Matters concerning the use of infrastructure or water shall be stipulated by the articles of incorporation of the Korea Rural Community Corporation.

(3) "Minor matters prescribed by Presidential Decree" in the proviso to Article 23 (1) of the Act means any of the following:

case means the case.

1. Where the area of the agricultural infrastructure to be used for purposes other than its original purpose does not exceed 300 square meters;

2. Where the period of use is renewed without changing the grounds, size, etc. of the original permission for use;

(4) Paragraph (5) shall apply mutatis mutandis where the period of use is renewed under paragraph (3) 2.

(5) The period of use of agricultural infrastructure or water for any purpose other than its original purpose under Article 23 (1) of the Act shall be as follows:

The period shall not exceed the maximum period: Provided, That pursuant to subparagraph 3 of Article 2 of the Act on the Promotion of the Development, Use and Diffusion of New and Renewable Energy;

Agricultural infrastructure for the purpose of installing and operating new and renewable energy facilities (hereinafter referred to as "new and renewable energy facilities").

(b) In cases of using water, the period of use shall not exceed ten years.

1. Where land is used:

(a) Long-term construction, such as access roads, water pipes, drainage pipes, urban gas pipes, oil pipelines, street lamps, railroad, roads, etc.;

If the use is required: 10 years;

(c) Where farming is intended and does not fall under item (a): Three years;

2. Where the person uses the water surface and land appurtenant thereto: Five years;

3. Where water is used: Three years.

Finally.

Attached Form 2.

Cadastral registration pages

A person shall be appointed.

A person shall be appointed.