1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence duly adopted and examined in the court of first instance and the evidence additionally adopted and examined by this court are justified in finding facts in the court of first instance and determining

Therefore, the reasoning of the judgment of this court is as stated in the reasoning of the judgment of the first instance except where the defendant added an additional judgment as to the assertion added or emphasized by this court, which is identical to that of the judgment of the first instance. Thus, it is citing it as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Additional determination

A. Although Articles 57(1), 58(1), and 58(3) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) do not explicitly state Article 58(3) of the National Land Planning and Utilization Act, Article 56(1) and [Attachment 1-2] of the Enforcement Decree of the National Land Planning and Utilization Act are delegated by Article 58(3) of the National Land Planning and Utilization Act, the Defendant’s assertion as to the grounds for disposition in this case is also asserted as the grounds for disposition.

As a result of delegation, Article 56 (1) of the Enforcement Decree of the same Act and subparagraph 1 (e) (ii) of the attached Table 1-2 of the Enforcement Decree of the same Act provide that the relationship between the site and the road should conform to the Building Act.

In addition, the Building Act is defined as follows: Article 2 (1) of the Building Act, the terms used in this Act, the site of which is at least 2 meters wide.

11. The term "road" means a road or a proposed road of four meters or wider for pedestrian and motor vehicle traffic, falling under any of the following items (or a road with a structure and width prescribed by Presidential Decree, if geographical features make use by motor vehicle traffic impossible, or it has a dead end):

A road for which a public announcement of new construction or alteration has been issued pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, or any other relevant Act and subordinate statute;

(b) Building permission or notification;