1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. On December 20, 2017, the Defendant issued a building permit (hereinafter “instant building permit”) to construct multi-family housing (urban residential housing) with a size of 5 stories above ground and 242.45 square meters in the instant land on December 20, 2017.

B. Meanwhile, the Plaintiff is the owner of 293 square meters and E-road 51 square meters (hereinafter “instant road”), which is the Plaintiff’s land adjacent to the instant road.

[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including branch numbers), the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. The gist of the Plaintiff’s assertion is that the instant road was designated as the road and was not publicly notified in the Official Gazette, and thus, not the road under the Building Act, but the Plaintiff did not obtain consent from the Plaintiff to use the instant road. As such, the instant building permit violates Article 44 of the Building Act, etc., and thus, should be revoked illegally.

4. We examine the legitimacy of the instant lawsuit ex officio on the lawfulness of the instant lawsuit.

A. A. A third party, who is not the other party to an administrative disposition, has a legal interest in seeking the revocation of the administrative disposition, a standing to sue is recognized. The legal interest here refers to cases where there is a direct and specific interest protected by the law based on the pertinent disposition. However, it does not include cases where there is a mere indirect or factual interest, such as an abstract, average, and ordinary profit common to the general public as a result of protecting public interest (see, e.g., Supreme Court Decisions 2002Du1656, Jun. 11, 2002; 94Nu14544, Sept. 26, 1995).

Based on the above legal principles, the Plaintiff’s specific and individual interests protected by the law based on the construction permit of this case are as follows.