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 September 10, 2013, the Plaintiff submitted a notice of the establishment of an off-road parking lot to the Defendant pursuant to Article 12(1) of the Parking Lot Act and Article 7 of the Enforcement Rule of the same Act for the purpose of establishing an off-road parking lot with “C parking lot, form: own stocks and size: two pages” on the land owned by the Plaintiff, and the Defendant accepted the Plaintiff’s notice of the establishment of the off-road parking lot.

B. On October 18, 2013, the Defendant sent a reply to the Plaintiff on October 18, 2013 to the effect that the instant land is not subject to notification of installation of an off-road parking lot under the Parking Lot Act because it is impossible to install an off-road parking lot under the Parking Lot Act on the ground that “the instant land constitutes a road under Article 2(1)11 of the Building Act as a result

(hereinafter “instant disposition”). C.

The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Busan Metropolitan City Administrative Appeals Commission, but the Busan Metropolitan City Administrative Appeals Commission ruled to dismiss the Plaintiff’s claim.

[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 2, Eul evidence 3, Eul evidence 1-1, 2, Eul evidence 3-1 through 3, Eul evidence 4-1, 2-2, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Whether it is possible to establish an off-road parking lot on the land of this case asserted by the plaintiff 1 of the parties can be determined as to whether the land of this case constitutes "road under Article 2 (1) 11 of the Building Act", and the land of this case constitutes a road publicly notified for new construction or alteration pursuant to the National Land Planning and Utilization Act, the Road Act, the Private Road Act, and other relevant Acts and subordinate statutes.

No road shall be deemed a road that has been designated and announced publicly by the head of Si/Gun/Gu, etc. at the time of permission for construction or reporting.

Therefore, on different premise, Article 2(1) of the Building Act is applicable to the land of this case.