1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

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

1. The reasons why the court should explain the circumstances of the disposition are the same as the relevant part of the judgment of the court of first instance, and thus, it shall refer to the reasons under Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Ex officio determination

A. Whether it is possible to establish an off-road parking lot on the Plaintiff’s assertion of the instant land can be determined as to whether the instant land constitutes “road pursuant to Article 2(1)11 of the Building Act,” and the instant land constitutes a road publicly notified as to new construction or alteration pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, or other relevant statutes.

No road shall be deemed a road that has been designated and announced publicly by the head of Si/Gun/Gu, etc. at the time of permission for construction or reporting.

Therefore, on a different premise, the instant disposition that responded to the purport that the instant land is not subject to notification of the establishment of an off-road parking lot on the premise that it is a road under Article 2 (1) 11 of the Building Act is unlawful.

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

C. We examine ex officio the legality of the instant lawsuit.

(1) An administrative disposition, which is the object of an appeal litigation, is an act under the public law of an administrative agency, which refers to an act directly related to the rights and obligations of the people, such as ordering the establishment of rights or the burden of obligations with respect to a specific matter, or giving rise to other legal effects, and does not directly change the legal status of the other party or other interested persons, not an administrative disposition that is the object

(2) The former Parking Lot Act (amended by Act No. 5902, Feb. 8, 1999; hereinafter the same shall apply) (see, e.g., Supreme Court Decision 2001Du10578, May 17, 2002) provides a plan for the establishment of an off-road parking lot, after reporting to the head of Si/Gun/Gu prior to the establishment of the off-road parking lot.