1. Article 2 Subparag. 2 of the former Act on Special Cases Concerning the Creation, Development and Supply of School Sites for Public Elementary Schools, Middle Schools and High Schools (amended by Act No. 13006, Jan. 2015; hereinafter “School Site Act”) provides that “Development Projects” means projects implemented pursuant to the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, and the Industrial Sites and Development Act, and the Act on the Development and Development of Industrial Sites and Development, which provide for special cases concerning the creation, development, and supply of school sites for public elementary schools, middle schools, and high schools, means projects to create and develop land for housing construction of at least 10 households, or projects to build multi-unit houses, among projects implemented pursuant to the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and the Act on Special Cases

In addition, Article 35(4) of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Bogeumjari Housing Construction Act”) provides that when a project plan is approved pursuant to paragraph (1) or (2), a building permit under Article 11 of the Building Act (Article 11) and an urban development zone designation under Article 3 of the Urban Development Act, and authorization of an implementation plan under Article 17 of the same Act (Article 9) shall be deemed granted.

2. The lower court acknowledged on January 29, 2013 that the Plaintiff obtained approval to revise the project plan of the instant housing construction project pursuant to Article 35 of the former Bogeumjari Housing Construction Act, and that on January 29, 2013, the Defendant imposed school site charges on the Plaintiff pursuant to Articles 2 and 5 of the School Sites Act (hereinafter “instant disposition”), and subsequently, on the Bogeumjari Housing.