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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the owner of a detached house building with a 182 square meters in Mapo-gu Seoul Metropolitan Government and the 2nd floor above land (hereinafter “instant building”). The Plaintiff also owns B large 235 square meters and D large 23 square meters adjacent to the said C land, and the said B and D land are used as a road.
B. On March 22, 2016, the Plaintiff divided B large 235 square meters (hereinafter “instant road”) into the portion of “A” and “B” as the result of the cadastral status survey (hereinafter “instant survey”) and prepared the instant survey map by requesting the Korea Land Information Corporation to use the part of “B” adjacent to the instant building as the site for the instant building. The Korea Land Information Corporation, on March 22, 2016, requested the Defendant to inspect the results of the cadastral survey on the instant survey map pursuant to Article 25(1) of the Spatial Data Construction and Management Act.
C. On April 14, 2016, the Defendant returned to the Director of the Korea Land Information Corporation on the ground that “the instant road is a dead-end situation with a length of at least 35 meters, and the instant road is in conflict with the provisions of Article 3-3 of the Enforcement Decree of the Building Act that, if divided into two parts, a dead-end road with a length of at least 35 meters should be secured at a width of at least 6 meters.”
(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1 through 4, Eul evidence 1 through 3 (including each number), and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. Article 3-3 subparag. 2 of the Enforcement Decree of the Building Act stipulating the width of a road recognized as a road under the Building Act depending on the length of a dead-end road. In determining the width of a road between land C and land E among the instant roads, only the relevant part of the road should be the basis.
In other words, the sub-section of the attached Form 2 is plucking up to 90 roads.