The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff, including the part arising from the supplementary participation.

The grounds of appeal are examined.

1. As to the grounds of appeal Nos. 1 and 2

A. Article 2(1)2 of the Building Act (hereinafter “Act”) provides that “A building means a structure settled on land, with a roof and columns or walls, and facilities appurtenant thereto, an office, a performance hall, a shop, a garage, or a warehouse installed in an underground or high-rise structure, or any other structure specified by Presidential Decree.” Article 47(1) of the Act provides that “A building and fence shall not go beyond the vertical section of the building line.” Article 79(1) of the Act provides that “If a building site or a building violates this Act or an order issued or disposition taken under this Act, the permission-granting authority may revoke the permission or approval granted under this Act, order the owner of the building, etc. to suspend the construction, or order removal, reconstruction, extension, repair, alteration of the purpose of use, prohibition of use, or restriction on the use of the building, or take other necessary measures.”

Meanwhile, Article 83(1) of the Act provides that "any person who intends to construct a retaining wall, chimney, advertising tower, high-priced water tank, underground shelter, and other similar structures prescribed by Presidential Decree shall report it to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, as prescribed by Presidential Decree." Article 118(1) of the Enforcement Decree of the Building Act provides that "any structure that shall be reported to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu (referring to construction separated from a building) pursuant to Article 83(1) of the Act shall be as follows." Article 83(1)5 provides that "a structure that shall be reported to the Governor of a Special Self-Governing Province or the head of a Si/Gun/Gu, in constructing a structure (referring to construction separated from a building) pursuant to Article 83(1) of the

Article 79 of the Act, comprehensively taking account of the contents and system of the construction laws and regulations.