1. The Defendant’s disposition of rejecting an application for permission to engage in development restriction zones against the Plaintiff on February 2, 2018 is revoked.

2...

1. Details of the disposition;

A. On August 11, 2017, the Plaintiff purchased a gas station site B in Ulsan-gu, Ulsan-gu (hereinafter “instant land”) and a gas station on its ground, and applied for permission to engage in development-restricted areas to rebuild gas stations on the ground above the instant land on December 19, 2017. However, on December 22, 2017, the Defendant requested the Plaintiff on December 22, 2017 to supplement five matters, including the content that “if gas stations are reconstructed on the instant land, it shall be designated as a waterer line equal to one half the horizontal distance required from the center line of the road pursuant to Article 46 (Designation of Building Lines) of the Building Act.”

B. The Plaintiff did not implement two of the complementary matters within the above period, including matters concerning the post-construction line under Article 46 of the Building Act, and the Defendant requested supplementation on January 23, 2018 as to the two of the second two of the second of the second of the second of the second of the second of the same year by February 1, 2018. However, even until February 1, 2018, the Plaintiff failed to comply with only the matters concerning the post-construction line under Article 46 of the Building Act, and thus, rejected the Plaintiff’s application for permission for permission for the act of development restriction zones (hereinafter “instant disposition”).

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 3 evidence, Eul's 1 through 4 evidence (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings and arguments

2. Whether the instant disposition is lawful

A. In the case of a road with the Plaintiff’s assertion dead-end, the term “road” under the proviso of Article 46(1) of the Building Act refers to a road stipulated under Article 2(1)11 of the Building Act, and since a dead-end road abutting on the side of the instant land cannot be deemed a road under the Building Act, the proviso of Article 46(1) of the Building Act cannot be applied to the instant land.

Therefore, the instant disposition made on a different premise is unlawful.

(b).