1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The court's explanation on this part is identical to the corresponding part of the reasoning of the judgment of the court of first instance except for the following modifications. Thus, this part is cited in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

▣ 제1심 판결의 이유 중

1. (f) and (f);

1. [Reasons for Recognition] Part (from the 16th to the 20th 16th 16th son of the first instance judgment) shall be amended as follows:

f. The Plaintiff submitted “a construction plan plan-a supplementary plan” (No. 7-5) in the process of the instant application, and examining the content thereof, the following drawings 1 indicate the part indicated by yellow color as “the first place of permission” and “a place of permission for alteration” as “a place of permission for alteration. However, the original area of permission is designed to install an access route on the land owned by B (hereinafter “B”).

(2) In light of the above facts and the aforementioned evidence, the Plaintiff appears to have submitted “a construction plan-a-a-design plan-a-design plan” when the Plaintiff’s consent was at issue during the instant application process, based on the following facts: (a) there was no dispute; (b) Gap’s evidence Nos. 1 through 5; and (c) Gap’s evidence Nos. 1 through 8-1; and (c) Eul’s evidence Nos. 1 through 9 (including each number);

However, it is not clear whether the Plaintiff has finally changed the location of the access route from the place of the original permission to the “place of permission for change” while submitting the above documents.

Rather, the plaintiff's argument in the first instance court is arguing whether the consent of B is necessary on the premise that he/she would have to enter the original permission area.

In this regard, the defendant also demanded the submission of a written consent to land use because he violates the design standards when he intends to set up an access road according to the changed land area, and ultimately, he violated the design standards, and if installed in accordance with the design standards.