1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasoning of the judgment by the court concerning this part of the disposition is as stated in Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act, since the reasoning of the judgment by the court of first instance is the same as stated in paragraph (1) of the same Article.

2. Whether the instant disposition is lawful

A. 1) The main point of the Plaintiff’s assertion is only applicable to a road under the Building Act. The present condition of the instant road does not correspond to a road under the Building Act. Therefore, the instant disposition based on the premise that the present condition of the instant road constitutes a road under the Building Act is unlawful. 2) The present condition of the Defendant’s assertion falls under a road with a width of at least four meters, and even if it is a road with a width of less than four meters, the head of a Si/Gun publicly announced, designated, or recognized as particularly necessary, the present condition of the instant road constitutes a road under the Building Act. As such, the present condition of the instant road constitutes a road under the Building Act.

Therefore, the plaintiff's act of installing fences violates the building line.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. Facts 1) The location of the key land and neighboring land as of April 12, 1997 is as follows: (a) the content of the 2nd change in the EF G H H on June 22, 1964; (b) the new construction on October 30, 1958; (c) the new construction on April 30, 197; (d) the new construction on April 20, 198; and (e) the new construction on May 20, 198; and (e) the details of the change in the land and neighboring buildings located on the land located on June 14, 1991 following the new construction on May 2, 198; (e) the new construction on September 20, 1998; and (e) the details of the change in the land and neighboring buildings located on the new construction on September 14, 1991:

(hereinafter referred to as "Seoul Yongsan-gu Ddong" among the indications of land is the same and omitted). The current status of this case was used as a road connecting I roads and G roads since the construction of the key building.

Since then, FF ground buildings, which are neighboring land, are newly constructed on March 13, 1978, and G ground buildings are located on December 20, 1978, the width of the road of this case and F land and G land located between F land and G land.