The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Basic facts are as follows: (a) from around 1994, the Plaintiff constructed one mooring shed (hereinafter referred to as “the first mooring shed”) on the land in Pyeongtaek-gun B (hereinafter referred to as “instant land”); and (b) raised the chickens.

In order to build new guidances (hereinafter referred to as "second guidances") on the land, etc. of Jeonnam-gun, the Plaintiff constructed the second guidances in around 2012 with the consents for the construction of the second guidances from the residents of the D Village in the vicinity of the first guidances and the second guidances, and thereafter the second guidances have also been raised.

The following conditions of the building permit are time to comply with, and if the construction permit is not fulfilled or is violated, the cancellation of permission, the order of construction suspension, the accusation to the resignation authority, the corrective order, the imposition of fines, and the rejection of approval for use of the building under Article 79 of the Building Act.

7. When the occupation and use of a road is permitted, it is time to obtain permission, and no construction material or on-site work shall be performed except where permission to occupy and use a road is granted.

8. The summer time shall be made so as not to damage road facilities (road blocks, street trees, boundary rocks, etc.), and the immediate restoration time shall be made at the expense of the relevant actor when damaged;

On November 6, 2014, the Plaintiff filed an application with the head of Pyeongtaek-gu for a building permit to newly build animal and plant facilities (hereinafter “third-party fraternity”) with a total floor area of 3,215.7 square meters on the instant land on November 6, 201, and the head of Seo-gu Gun issued the instant building permit to the Plaintiff on November 21, 2014, stating that “the instant building permit for the third party company is below the building permit,” with the following conditions attached thereto:

A. Before 200:

The Plaintiff tried to newly build the third fraternity in accordance with the instant building permit, but when the commencement has been delayed due to the conflict with the residents of the D village, the Plaintiff filed an application for extension of construction works with the head of Seo-gu Gun. On November 16, 2015, the head of Seo-gu Gun postponed the deadline for the commencement of the instant building permit from November 20, 2015 to November 20, 2016, and the Plaintiff newly built the third fraternity on March 16, 2016.