1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The reasons for the acceptance of the judgment of the court of first instance are as follows. The defendant's assertion emphasized by this court are as follows, except for the addition of "additional Judgment" as to the argument that the defendant emphasizes in this court, and therefore, it is identical to the reasons for the judgment of the court of first instance. Thus, it is acceptable in accordance with the main sentence of Article 4

▣ 제4쪽 2행의 “갑 제16호증” 다음에 “갑 제26, 27, 29호증”을 추가함 ▣ 제4쪽 7행 내지 9행의 “②, ③” 부분을 아래와 같이 고침 『② 피고는 2016년경 제1토지에 계단 경계석 및 난간을 설치하는 등 도로시설물 유지보수공사를 하였고, 제1, 2토지 중 길 가장자리에 주ㆍ정차금지의 노면표시인 황색 실선을 설치하였으며, 제2토지에는 맨홀, 배수시설 등이 설치되어 있는 사실, ③ 피고는 제1, 2토지에서 주차단속을 시행하고 제2토지상의 불법주차 차량에 대하여 과태료를 부과하기도 한 사실』

2. Additional determination

A. Articles 46 and 46 (Designation of Building Lines) (1) of the Building Act (hereinafter referred to as “building line”) regarding the space corresponding to the Defendant’s assertion 1 and 2, the line to which the Plaintiff is entitled to construct a building on the part adjacent to the road (hereinafter referred to as “building line”) is the boundary between the site and the road.

Provided, That in cases of a road with a width less than the required width under Article 2 (1) 11, the building line shall be the line fixed from the centerline of the road by the horizontal distance of one half of the required width, and the building line shall be the line fixed at the horizontal distance equivalent to the required width from the road boundary line on the side where the slope, etc. is located, if there is any slope, river, railroad, track site or others similar thereto, and the building line at the corner of the road shall be the line prescribed by Presidential Decree.

(2) A Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu shall maintain buildings or environments.