The purpose of Article 4 (3) of the Regulations on Standards, etc. for Changing Land Quality and Quality of Land and the meaning of "road" under the same paragraph.

Article 4(3) of the Regulations on the Standards, etc. for Changing Land Quality and Quality (amended by the Ordinance of the Ministry of Construction and Transportation No. 547 of Feb. 17, 1994) stipulates that a road shall be installed in an application area with the requirements for permission for changing the form and quality of land for the purpose of construction of a building. This purport is to faithfully perform the duty to connect the site of a building under Article 33 of the Building Act by not granting permission for changing the form and quality of land for the purpose of construction of a building as a matter of principle for land not adjacent to a road. Thus, the term "road" refers to a road corresponding to a road under Article 2(11) of the Building Act, and is equipped with a structural form sufficient to achieve the actual

Article 2 subparag. 11, Article 33 of the Building Act, Article 4(3) of the Regulations on Standards, etc. for Changing Land Quality and Quality (amended by the Ordinance of the Ministry of Construction and Transportation No. 547 of February 17, 1994)

[Plaintiff-Appellant] Plaintiff 1 and 1 other (Law Firm Gyeong, Attorneys Lee Jae-soo et al., Counsel for plaintiff-appellant)

Plaintiff 1 and two others

The head of Eunpyeong-gu Seoul Metropolitan Government

Seoul High Court Decision 97Gu30297 delivered on February 26, 1998

All appeals are dismissed. The costs of appeal are assessed against the plaintiffs.

We examine the grounds of appeal.

Article 4(3) of the Regulations on the Standards, etc. for Changing Land Quality and Quality (amended by the Ordinance of the Ministry of Construction and Transportation No. 547 of Feb. 17, 1994; hereinafter referred to as the “Rules”) stipulates that a road shall be constructed in an application area with the requirements for permission for an application for changing the form and quality of land for the purpose of construction of a building. This purport is to faithfully implement the duty to connect a building site under Article 33 of the Building Act by not permitting a change in the form and quality of land for the purpose of construction of a building as a matter of principle, not allowing a change in the form and quality of land for the purpose of construction of a building. Thus, the term “road” in this context refers to a road corresponding to a road under Article 2 subparag. 11 of the Building Act, and its structural form is sufficient to realize the utility of a building (see Supreme Court Decision 91Nu8319, Sept. 14

According to the reasoning of the judgment below, the court below found that the plaintiffs applied for a building permit to newly build two multi-family houses on the 404 square meters (hereinafter "the land in this case") prior to Eunpyeong-gu in Seoul ( Address 1 omitted), but the land in this case is adjacent to the 25m wide road site publicly notified as of August 3, 1978 by the decision of urban planning facilities, but the road where pedestrians and vehicles are able to pass is not yet constructed. The plaintiffs' above application for building permit is not appropriate for the permission of change of form and quality pursuant to Article 4 (3) of the Rules and thus the disposition in this case was legitimate. According to the records, the court below's fact-finding and decision is acceptable, and there is no error of law in the misapprehension of legal principles as to mistake of facts due to violation of the rules of evidence, requirements for building permit and the principle of equity due to the violation of the rules of evidence, such as theory of lawsuit, and there is no ground for this argument.

Therefore, all appeals are dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Yong-hun (Presiding Justice)