1. Revocation of the first instance judgment.

2. The plaintiffs' claims are dismissed.

3. The costs of the lawsuit are assessed against the Plaintiffs.

1. As to the details of the disposition, the relevant part of the reasoning of the first instance judgment shall be cited pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. Whether the instant disposition constitutes a disposition that is subject to appeal litigation

A. In the case of a road, the head of a Si/Gun/Gu, etc. designated and publicly announced by the defendant's assertion at the time of building permission or reporting, the owner of the land incorporated into the road may file an application for disuse of the road with the head of a Si/Gun/Gu, etc.

B. If an administrative agency’s refusal of an action following the filing of a petition against a citizen’s affirmative filing of the petition constitutes an administrative disposition that is subject to appeal litigation, the filing of the petition must be an exercise of public authority or an equivalent administrative action, and the refusal should cause any change in the applicant’s legal relationship, and the citizen should have the right to file a petition under the relevant law or sound reasoning demanding that the refusal be made.

In addition, the existence of the right to file an application, which is a prerequisite for recognizing the disposition of refusal, is determined abstractly by examining, in a specific case, whether the applicant has the right to file an application under the interpretation of the relevant laws and regulations without considering who is the applicant, and the applicant does not mean the right to obtain the satisfactory result of accepting the application beyond the right to answer a simple response. Therefore, in a case where a citizen files an application, the applicant recognizes the individual right to file an administrative action as the basis of the application.