1. The instant lawsuit shall be dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a person who sets up a soup, making soup, etc. a building on the land E (hereinafter referred to as “land”) at the time of posing.

B. At the time when the Plaintiff received a building permit for the building, such as the soup bank, land E does not adjoin the road.

Accordingly, the Plaintiff additionally purchased G, H, I land, etc. in the vicinity in order to meet the requirements that the building site should adjoin roads more than 2 meters (Article 44(1) of the Building Act).

C. On the other hand, on December 31, 2014, K filed an application with the Defendant for a building permit to construct a detached house on B and two parcels, J and two parcels, and D and four parcels (hereinafter “instant detached housing site”) (hereinafter “instant application for building permit”), and the Defendant issued a building permit to K on March 12, 2015.

(hereinafter “instant disposition”) D.

In rendering the instant disposition, the Defendant determined that the instant building permit requirement was satisfied on the ground that the three lots of land (G, H, I, and hereinafter “instant land”) owned by the Plaintiff from K’s detached house adjoining to the road is currently being used as access and exit roads by many unspecified persons, and the construction laws and regulations do not stipulate that obtaining consent from the relevant landowner should be obtained, and thus, the instant building permit application constitutes “cases where there is no hindrance to the entry of the relevant building” as prescribed by Article 44(1)1 proviso of the Building Act.

E. Around August 2015, the Plaintiff filed an administrative appeal against the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeong-do Administrative Appeals Commission dismissed the Plaintiff’s claim on October 28, 2015.

[Ground of recognition] Unsatisfy, Gap evidence 3, Eul evidence 2, Eul evidence 2, 3, and 12 (including branch numbers), the result of the on-site inspection by this court, the purport of the whole pleadings

2. The plaintiff's assertion is that the site of detached house is on the road upon application for K's building permit.