1. On February 2, 2017, the Defendant’s disposition of reflection on construction permission against the Plaintiff shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

1. Details of the disposition;

A. On July 28, 2016, the Plaintiff filed an application for a building permit with the Defendant on July 28, 2016, in order to construct a building on the 962 square meters (hereinafter “instant land”) located in a planned control area.

B. Although the Defendant urged two times or more to supplement the following matters on the ground that the C Road, adjacent to the instant land, (hereinafter “the instant access road”) constitutes a dead-end road, and that it failed to meet the road requirements under the Building Act, the Defendant did not return the instant application on February 2, 2017.

(hereinafter “instant disposition”). In accordance with Article 44 of the Building Act and Article 3-3 of the Enforcement Decree of the Building Act, where the length of a dead-end road is at least 35 meters, submission of road designation documents (road management ledger, consent of interested parties, etc.) pursuant to Article 45 of the Building Act and Article 26-4 of the Enforcement Rule of the Building Act, which shall ensure at least six meters in width.

C. On April 26, 2017, the Plaintiff appealed to the instant disposition and filed an appeal with the Gangwon-do Administrative Appeals Commission, but was dismissed on July 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4, 5, 6, 7, 12, 26, 27, 29 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 5, and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The instant access road is not a so-called “traffic road” which is linked to the roads leading to the E-entry road and the D village bank, and is not a dead-end road. Even if the E-section road is a one-way road, it cannot be deemed as a dead-end road so far as the width of the road is more than four meters. Furthermore, the instant access road is a road according to its land category and is determined and publicly notified as a road zone, and thus, it is unlawful to take the instant disposition on a different premise.