1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. C was the owner of D forest land 1,157 square meters (hereinafter “land prior to subdivision”) at the time of strike prior to subdivision, and was the owner of the land when entering the land.

B. In the course of filing an application for a construction permit on a parcel of land before subdivision on March 2, 2010, the Plaintiff: (a) on March 2, 2010, applied Article 45 of the former Building Act (amended by Act No. 10755, May 30, 201) (1), which was applied at the time of Article 45 of the Building Act (amended by Act No. 10755, May 30, 201) (1) In order to designate and publicly announce the location of a road pursuant to Article 2(1)11 (b), the permitting authority shall obtain consent from interested parties.

Provided, That in any of the following cases, a road may be designated after deliberation by the Building Committee without obtaining consent from interested parties:

1. Where the permitting authority deems it impracticable to obtain consent from interested parties because the interested parties reside overseas or for any other reason;

2. If the road has been actually used by residents as a passage for a long time and is specified as such by municipal ordinance of the competent local government.

The same shall apply where the owner, owner, etc. of land incorporated into the road applies for the closure or change of the road designated under paragraph (1) to the permitting authority.

(3) If a permit-granting authority designates or alters a road pursuant to paragraphs (1) and (2), he/she shall enter the designation or alteration in the road management ledger, as prescribed by Ordinance of the Ministry

After receiving a written consent from interested parties to consent to designate as a road according to the same, the project implementer applied for the designation of the road with the consent attached thereto.

C. On April 2010, the Plaintiff contained concrete packaging in the above land.