1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

1. Basic facts

A. The deceased F (hereinafter “the deceased”) was the owner of the area of 1,067 square meters prior to H, I, 90 square meters prior to J, and 589 square meters prior to J (hereinafter “instant J”), adjacent to the south of 553 square meters in G, Nam-si, Nam-si (hereinafter “instant G site”) and adjacent to the south of the 553 square meters in the direction opposite to the North Korean River (hereinafter “instant G site”). K is the owner of the instant G site and the second floor housing on its ground.

In adjoining each of the above lands, L. 419 square meters and M. 746 square meters (hereinafter referred to as the “instant road”) are located in the form of surrounding each of the above lands in Namyang-si.

B. On December 13, 2010, the Deceased applied for permission of development activities (hereinafter “development activities”) with respect to the installation of retaining walls of 0.5m or 8m high on the road of the previous JJ before and the instant G site at a height of 7.7m or high level on the boundary line of the instant G site (hereinafter “instant development activities”) to the Defendant, pursuant to Article 56(1)1 and 2 of the former National Land Planning and Utilization Act (amended by Act No. 10599, Apr. 14, 2011; hereinafter “National Land Planning Act”). The Defendant: (a) set aside the instant B before the instant case at a height of 53.5m or high level; and (b) installed a retaining wall of 0.5m or high level on the boundary line of the instant road; and (c) applied for permission of development activities (hereinafter “instant development activities”); and (d) the Defendant made the instant permission of development activities on January 31, 2011.

C. K filed an appeal suit seeking the revocation of the instant development permit (Seoul District Court 201Guhap4737). The District Court rendered a judgment dismissing K’s claim on July 3, 2012.

K appealed appealed against the above judgment, and the appellate court (Seoul High Court 2012Nu20795) decided August 28, 2014, it is reasonable to deem that the instant development act was to be aimed at creating the previous H and the J as the site.