1. All of the plaintiff's claims are dismissed.

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

Basic Facts

On January 24, 2017, the Gwangju City Building Committee held a first meeting of the Building Committee and passed a resolution on the instant road designation agenda with the consent of all present members on the 174 square meters (hereinafter “instant land”). On February 14, 2017, the Defendant: (a) on February 14, 2017, pursuant to Article 2 Subparag. 11(b) of the Building Act (the road designating its location at the building permit or report); and (b) pursuant to Article 45, publicly announced the designation of the instant land, etc. (Article 2 Subparag. 2; hereinafter “instant disposition”).

B. The Defendant Company and the Defendant Company completed the registration of ownership transfer of the instant land based on sale on January 25, 2006 to the National Bank of Korea (hereinafter “National Bank”) on September 4, 2006. On March 31, 2017, the National Bank completed the registration of ownership transfer of the said land based on sale on February 28, 2017 to the Plaintiff.

(A) The ground for recognition is without dispute, Gap's evidence Nos. 1 through 3, Eul's evidence Nos. 1 and 2, Eul's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the plaintiff is not "actual passage in which residents used as long as they used as long-term passage" in accordance with Article 45 (1) proviso No. 2 of the Building Act, but the defendant disposed of the land of this case without the consent of the National Bank of Korea.

The Defendant’s disposition of this case is illegal as violating Article 45(1) of the Building Act.

Since the Plaintiff asserted that the land of this case was acquired after the disposition of this case, there is no legal interest to seek cancellation of the above disposition.

The instant lawsuit is unlawful.

On the basis of the proviso of Article 45(1)2 of the Building Act and Article 34(1)6 and 7 of the Ordinance on the Construction of Gwangju City, the Defendant issued the instant disposition lawfully after deliberation by the Building Committee.