1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. On July 3, 2017, the Plaintiff filed a building report with the Defendant to the effect that the Plaintiff would newly construct animal and plant-related facilities (a plant-related facilities) in Ulsan-gu B (hereinafter “instant land”).

B. On September 19, 2017, the Defendant rendered a disposition to return the said building report (hereinafter “instant return disposition”) on the ground that the instant land is not adjoining to the road under the Building Act, on the ground that it is impossible to construct the instant land on the ground that it is not possible to use the site for water supply (hereinafter “the instant water supply site”) and the railroad site (hereinafter “the instant railroad site”) as the permanent access road to the instant land because it is difficult to use it as the permanent access road to the instant land.

C. The Plaintiff dissatisfied with the instant return disposition and filed an administrative appeal with the Ulsan Metropolitan City Administrative Appeals Commission, but the said commission dismissed the Plaintiff’s claim on February 28, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 14 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff’s rejection disposition of this case should be revoked as follows is unlawful.

① Since the instant water supply site or railway site is the current status, the Defendant had a duty to designate it as a designated road for an administrative agency, but returned the building report without fulfilling its duty.

② Although a road under the Building Act does not necessarily have a provision that its category shall be “Do”, the Defendant did not regard the instant water supply site or railway site as a road on the ground that its category is not “Do”. Thus, it is unlawful to arbitrarily interpret the Act.

(3) The Korea Water Resources Corporation and the Korea Water Resources Corporation in accordance with the business regulations and business guidelines of the Korea Water Resources Corporation and the Korea Water Resources Corporation shall use the relevant waterworks site.