1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff’s status 1) The Plaintiff is 4,469 square meters prior to Gwangju City, which is designated as a development restriction zone (hereinafter “instant land”).

2) At least two meters of the instant land is not adjacent to a road under Article 2(1)11 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014; hereinafter “the Building Act”). (A road with a width of at least four meters for walking and motor vehicle traffic, for which a notice of new construction or alteration has been issued pursuant to the relevant Act and subordinate statutes).

◆ 구 「건축법」(2014. 1. 14. 법률 제12246호로 개정되기 전의 것) 제2조(정의) ① 이 법에서 사용하는 용어의 뜻은 다음과 같다.

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) A road designated and publicly announced by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor, a Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor"), or the head of a Si/Gun/Gu (referring to the head of an autonomous Gu; hereinafter the same shall apply) at the time a building permit or report is made, and 3) a road with a width of 3 to 4 meters used for the entry into and entry into farmland

b) The Plaintiff’s application for permission to construct a building and change the form and quality of land was made on July 5, 2012. The former Act on Special Measures for Designation and Management of Development Restriction Zones No. 11838, May 28, 2013.