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 the owner of 2/3 of the land adjacent to the instant case in Namwon-si, Namwon-si (hereinafter “instant adjacent land”).

B. On September 22, 2016, B filed a building report on the construction of a detached house of 9.88 square meters on the land of 152 square meters in Nam-si, Namwon-si (hereinafter “instant land”). On September 29, 2016, the Defendant accepted it (hereinafter “instant disposition”) and issued a building report certificate to B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination on this safety defense

A. The Defendant’s assertion 1) The Plaintiff cannot be deemed to have infringed upon the legal interests protected by the law due to the instant disposition. Therefore, there is no legal interest in seeking the cancellation of the instant disposition. 2) The Plaintiff’s assertion is subject to heavy restrictions in using and earning profit from the instant disposition. Therefore, there is a legal interest in seeking the cancellation of the instant disposition.

(b) Entry in the attached Form of relevant Acts and subordinate statutes;

C. Even if a third party who is not the other party to a judgment is not the direct party to the administrative disposition, if the interests protected by law are infringed by the administrative disposition, the party is entitled to obtain a decision of propriety by filing an administrative litigation seeking the cancellation or nullification

The legal interest refers to a case where there are individual, direct and specific interests protected by relevant laws and regulations, or where there are general and indirect interests common to the general public as a result of the protection of public interests, it cannot be said that there are legal interests protected by law.

(See Supreme Court en banc Decision 2006Du330 Decided March 16, 2006, Supreme Court Decision 2006Du14001 Decided December 22, 2006, etc.). Meanwhile, Article 44(1) of the Building Act is applicable.