1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On November 6, 2014, the Plaintiff was a company established for the purpose of real estate development project, etc., and is implementing a construction project of an old-age facility with a size of 6,474.75 square meters in total floor area (hereinafter “instant facility”) on a ground of approximately 26,000 square meters (hereinafter “instant land”). The Defendants are residents of the F apartment located in Yeongdeungpo-gu, Chungcheongnam-gu, Seoul, which is adjacent to the instant land.

B. On April 14, 2015, the head of Yeongdeungpo-si filed an application for prior decision under Article 10(1) of the Building Act with respect to the construction of the instant facilities from the Plaintiff, and on May 19, 2015, he/she issued a prior decision (hereinafter “prior decision”).

According to the 3-3-2-1 of the operating guidelines for permission for development activities related to urban development and consultation at the time of permitting the conditions according to the consultation with the related departments, the width of access roads shall be at least 5,00 square meters and less than 30,000 square meters, taking into account the volume of traffic according to the scale of development activities, and the reasonable width shall be secured in consideration of the traffic volume according to the scale of development activities. According to the operational guidelines following the revision of the Guideline for permission for development activities, the width of roads in 3-3-2-1 refers to the width that can be actually used for vehicle traffic, so it is clearly stated that the width of roads that cannot be used for vehicle traffic

At the time of this application, since the road width that can be used for actual vehicle traffic is less than 6 meters as a result of on-site verification, the response to the failure to comply with Article 56 of the Enforcement Decree of the National Land Planning and Utilization Act is omitted.

C. On June 3, 2015, the Plaintiff filed an application for the construction permit of the instant facility with the head of Yeongdeungpo-si. On July 14, 2015, on the ground that the deliberation on the instant agenda was made on July 14, 2015, the Yongsan-si Urban Planning Committee rejected the application for the construction permit for the instant facility on the grounds that the width of the road to enter the instant facility cannot be narrowed to less