1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Details of the disposition

The Plaintiff is the owner of the land B, C, and D (hereinafter referred to as “instant housing”) and the above D’s ground housing (hereinafter referred to as “instant housing”) in Seongbuk-gu, Seongbuk-gu, Sungnam-si. The Plaintiff is designated as a landscape green belt under the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”) and the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Management Restriction Zones Act”).

On March 14, 2017, the Plaintiff filed an application with the Defendant for permission for the act of changing the form and quality of the instant land (hereinafter referred to as “instant land”) with respect to B’s land and C’s land of 192 square meters (186 square meters among B’s land, 6 square meters among C’s land), as shown in attached Table 1, in order to establish access roads for access to the instant housing pursuant to Article 12(1) and (2) of the Development Restriction Zone Act.

(1) In order to use the land in a road (6 meters) under the Building Act as a landscape green belt pursuant to Article 38 of the Act on Parks and Greenbelts, Etc. and Article 43 of the Enforcement Decree of the same Act, the existing access road (320 meters in the vicinity of the existing road at the time of application for permission) to which the land in this case is connected shall not be constructed as a road (6 meters in the form and use of a green belt). In accordance with Article 3-3 of the Enforcement Decree of the Building Act, if the length of a deadly different road is 35 meters or more, it shall be secured that six meters in width at the time of the deadly different road is 35 meters or more, but the existing access road (F, land category) from the beginning of the existing road (road) to B access road is 320 meters wide from the 320m width to the 3.6.3.7m-meter road (hereinafter referred to as “land-building permit”) and the act of altering the form and quality of the forest and land within C (land).