1. The plaintiff's claim is dismissed.

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

Details of the disposition

The Plaintiff intended to newly construct a 6m2 building for warehouse use on B-si, Dong Government-si, but it was impossible to obtain a building permit due to the landowner of the current road adjoining the said site, which was unable to obtain a building permit. On September 2017, the Plaintiff filed an application with the Defendant for designation of 63.95m2 of the 34.22m2m2 and D249m2 (hereinafter “instant current road”).

On November 24, 2017, the Defendant rejected the Plaintiff’s application on the ground that “The present condition of the instant road is not a passage used by the majority of the general public, but a passage for the residents of the city B and E as a dead-end passage, and it is merely a passage for the residents of the city B and E, and if the present condition of the instant road is designated as a road, it is likely to infringe on private property, so it shall be designated as a road with the landowner’s consent.”

(hereinafter “Disposition in this case’s disposition”). [Grounds for recognition] The Plaintiff’s assertion as to the legitimacy of the Disposition in this case’s purport of the Plaintiff’s assertion as to the following: (a) facts without any dispute; (b) the statement in the evidence Nos. 1, 2, and 1 through 5 of the evidence No. 1-2; and (c) the purport of the entire pleadings is as follows: (a) the current status of the Plaintiff’s assertion as to the legitimacy of the Disposition in this case’s assertion is that many households residing and used in the city F, G, B, and H; and (c) the lower part connected to the present status of this case was already designated as a road; and (d) the current status of this case’s road is

Therefore, the instant disposition rejecting the Plaintiff’s application for designation of a road is unlawful.

It is as shown in the attached Form of the relevant statutes.

Judgment

In view of the following facts and circumstances revealed by the background of the above disposition, evidence Nos. 2-1 through 4, evidence Nos. 5 through 9, each entry and video of evidence Nos. 1 through 6, and the purport of the whole pleadings, the current status of the present case may be designated as a road without obtaining the consent of the interested parties under Article 45(1)2 of the Building Act.