The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

1. Purport of the claim.

1. The grounds for the judgment on this case by the court of first instance, which cited the judgment, shall be added to the attached Form of the judgment of first instance, and shall be determined as follows: “No permission to construct a building or to install a structure shall be granted,” which shall not be granted to the third below among the six parts of the judgment of first instance; and the defendant’s assertion emphasized by this court is the same as the part of the reasoning of the judgment of first instance except for additional determination under Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act, which shall be cited as it is in accordance with Article 8(2) of the Civil Procedure Act.

2. Additional determination

A. The gist of the Defendant’s assertion was that the Plaintiffs failed to secure access roads leading to the instant application.

In both of the instant forest roads and non-packaged roads, and the Plaintiffs did not obtain permission for temporary use of the instant forest roads for using them as access roads, and it is also impossible for the Plaintiffs to open access roads to M and H under the current law.

Therefore, the defendant's disposition rejecting the application of this case on the ground that the access road was not secured is legitimate.

B. Specific determination 1) Article 58(3) of the National Land Planning and Utilization Act and Article 56(1) [Attachment Table 1-2] subparagraph 2(a) of the Enforcement Decree of the same Act mean a structure settled on land, with a roof and columns or walls and facilities appurtenant thereto, an office, a performance hall, a shop, a garage, or a warehouse installed on an underground or elevated structure, and others prescribed by Presidential Decree (Article 2(1)2 of the Building Act). Among them, the standards for permission for construction or installation of a structure are stipulated in Article 2(1)2 of the National Land Planning and Utilization Act and Article 56(1) [Attachment Table 1-2] subparagraph 2(a) of the Enforcement Decree of the same Act, and (3) of the Building Act regarding the criteria and procedure for the construction or installation in cases where it falls under the “construction of