The judgment below is reversed, and the case is remanded to the Daegu High Court.

The grounds of appeal are examined.

1. The lower court determined that the initial reason for the instant disposition was that the instant disposition did not meet the standards prescribed by the Management of Mountainous Districts Act, one of the statutes related to the legal fiction of authorization and permission under Article 19(7) and Article 11(5)5 of the Building Act, and that the Defendant’s reason for the disposition additionally issued in the instant lawsuit was that “the reason for the disposition is a serious public interest need to not accept the instant report of change of use,” and that it is not identical to the original reason for the disposition and its basic factual relations, and thus, the Defendant cannot add the said new reason.

Furthermore, even if the above new grounds for disposition can be added, the lower court should use the forest road as a passage in the event the Plaintiff uses the warehouse of this case as a multi-family house because the land of this case was located under mountain speed and no connection road other than forest roads exists.

(2) On the ground that the Defendant asserted that the Plaintiff had a detached house for the purpose of residing a farmer, farmer, or fisherman on the land adjacent to the instant land, and that the Plaintiff had a detached house for the purpose of residing a farmer, fisherman, or fisherman on the G land adjacent to the instant land, it cannot be deemed that there

2. However, we cannot agree with the judgment of the court below for the following reasons.

In an appeal litigation seeking the revocation of an administrative disposition, a disposition agency is not allowed to assert a ground for disposition on the ground of a separate fact, not the original ground for disposition. However, other grounds may be added or modified to the extent that it is recognized as identical to the original ground for disposition to the extent that it is recognized as identical to the basic facts. The existence of factual identity here is based on the specific facts prior to the legal evaluation of the ground for disposition.