1. Revocation of the first instance judgment.

2. On February 6, 2018, the Defendant’s disposition rejecting an application for building permit filed against the Plaintiff.

1. Details of the disposition;

A. On November 16, 2017, the Plaintiff filed a construction report with the Defendant on November 16, 2017, to newly construct a single wood structure (hereinafter “instant housing”) of the first floor, the building area, and the total floor area of 41.92 square meters on the land (hereinafter “instant reported site”).

(hereinafter “instant report”). (b)

On February 6, 2018, the Defendant returned the instant report to the Plaintiff on the ground that “The instant report site (B) adjoins to C, the land category of which under Article 67 of the Spatial Data Construction, Management, etc. Act (hereinafter “Spatial Data Management Act”) is a road, but it is possible to enter into and depart from the instant land due to its land category. As such, the Defendant issued a supplementary order to secure a road that can be converted into a conservation forest, rather than a simple road, but the supplement was not completed.”

(hereinafter “Disposition in this case”). / [Grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant disposition presented a supplementary order to secure a road that can be converted to a mountainous district, which is not cut off in the written disposition, but failed to be supplemented. However, inasmuch as the grounds for supplementation are unclear and the legal basis for the grounds for disposition was not presented, the Plaintiff breached the duty to present the grounds and reasons for the disposition prescribed in Article 23(1) of the Administrative Procedures Act. (2) The roads of the former North Korea-Pacific-gun C (hereinafter “instant roads”) adjacent to the instant report site where the absence of the grounds for disposition is reported and the absence of the grounds for disposition is adjacent to the instant report site, as a road on the land category under Article 67 of the Spatial Data Management Act, which is a road on the ground of the land category, and is combined with the instant roads C.