Subdivision Cancellation, etc.

2. △△△△;

3. insurance terms; and

4. ▣▣▣

A person shall be appointed.

A person shall be appointed.

7. Experimental;

8. Do Governor;

[Judgment of the court below]

Jeju High-Tech 213-4, 3 floors (Yyeong-dong, High-Tech Science and Technology Complex ELT buildings)

Representative Lee ○○

Defendant and Defendant’s Intervenor’s Intervenor’s Law square

Attorney Jeong-tae, Lee Jong-chul, Kim Jong-sung, Yang Jin-jin

2. Of the costs of appeal, the part resulting from the intervention shall be borne by the Intervenor joining the Defendant, and the remainder shall be borne by the Defendant.

It is confirmed that each disposition listed in the separate sheet No. 3 attached to the Seopopo City and each disposition listed in the separate sheet No. 4 attached to the Defendant against the Plaintiffs is null and void (In the first instance trial, the Plaintiffs sought confirmation of invalidity of each disposition listed in the separate sheet No. 1 through 4, 11, and 12 against the Defendant Seopo City, but the Jeju Special Self-Governing Province Governor succeeded to the authority of each of the above dispositions with respect to the Defendant Jeju Special Self-Governing Province Governor due to the amendment of the Ordinance on Entrustment of Administrative Affairs).

2. Purport of appeal

The judgment of the first instance is revoked. All of the plaintiffs' claims are dismissed.

The reasoning for the court’s explanation on the instant case is the same as that for the judgment of the court of first instance, except for the modification as set forth in paragraph (2) below, and thus, the same is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main text of

2. Parts to be corrected;

The reason for the judgment of the first instance court is that the "Defendant Seopo City" is both the "Seopopopo City" and the "Seopo City".

The judgment of the court of first instance on whether the disposition of No. 12 is null and void shall be followed as follows: (a) the judgment of the court of first instance 23 pages 15 to 24 pages 12.

As seen in the background of the above disposition, the development project of the recreational-type residential complex was implemented in the Seopo-si, Seopo-si, Seopo-si (area 403,00 square meters) where the determination of urban planning facilities was previously made for the creation of amusement park. The Defendant’s Intervenor was designated as the prospective implementer pursuant to the former Special Act on Jeju in which the Defendant was repealed. According to the written evidence No. 3, the persons related to the Defendant, Seopo-si, and the Defendant’s assistants were to undertake the said development project by the method of amusement park creation project, and the said development project is likely to be rejected by the Urban Planning Council on the grounds that, for the said development project, the alteration of the urban planning plan under the former National Land Planning Act would be subject to rejection by the Urban Planning Council on the approval of the implementation of the development project in accordance with the former Special Act on Jeju-si, which was repealed.

According to Gap's evidence Nos. 1, 10, 11, 26, and 34 (including virtual number), the defendant's participant submitted an application for designation of the project implementer of urban planning facilities and an application for approval of the implementation of the development project with the project area of 743,700 square meters around August 2005, and Seopopopo City with the project area of 743,700 square meters. On October 5, 2005, Seopopo City with the project name of 743,700 square meters "Yupo City" and the project area of 743,700 square meters under Article 59 of the former Jeju Special Act of Amended by Presidential Decree No. 1982, Oct. 14, 2005; Presidential Decree No. 18851, Oct. 14, 2005; Presidential Decree No. 17818, Jan. 14, 2005>

As such, the disposition No. 12 was issued for the purpose of creating a recreational housing complex in the project site designated as an amusement park, and there was an aspect of avoiding the procedures prescribed by the former National Land Planning and Utilization Act and relevant Acts and subordinate statutes because it was imminent to designate a project implementer and to authorize implementation plans pursuant to the former National Land Planning and Utilization Act. Article 60(1)17 of the former Special Act on Jeju repealed repealed through the 12 is deemed to be a decision of urban management planning. The disposition agency should grant permission where the decision of urban management planning deemed as above satisfies the requirements of the former National Land Planning and Utilization Act and relevant Acts and subordinate statutes. In light of the above, it is reasonable to view that the above deemed that the above deemed urban management planning amendment decision was for a project contrary to the former National Land Planning and Utilization Act and the regulations on urban planning facilities concerning the creation of amusement parks. Accordingly, it is reasonable to deem that the grounds for the invalidation of the disposition as seen earlier exist as is.

○ From 25, 25 pages 14 to 26 pages 18 shall be deleted.

The first instance court's judgment on whether to nullify a disposition 13 through 15 shall be conducted in accordance with the following subparagraphs, from Nos. 27 to No. 28, 16:

According to the background of the above disposition, Gap evidence Nos. 12, 15, and Eul evidence Nos. 38, the defendant joining the defendant entered into a joint venture agreement with the Malaysia A., while implementing the recreational housing complex development project, and accordingly, the defendant joining the defendant entered into a joint venture agreement with the Malaysia A., which is a joint venture corporation, around August 2008.

On October 5, 2008, St. Jeju Island filed an application for approval for the implementation of a development project for recreational housing complex development project (a change) with respect to the development project of the 12th disposition, including the name of the project, the inter-business period, the change of the project implementer, the change of the project implementer from the defendant joining the defendant, and the construction of member condominiums, casino hotels, etc., and the modification of the above development project was made on January 29, 2009. According to the 5th disposition, it was deemed that the modification of the urban management plan pursuant to the former National Land Planning and Utilization Act to modify the project implementer and detailed facilities, and the approval for the tourism industry (Class II universal resort complex project) pursuant to the Tourism Promotion Act to which the project implementer and Jeju were the project implementer were the project implementer, and the approval for the implementation of the development project was made on July 5, 2010 and the approval for the implementation of the development project was made on July 7, 2010 (the 10th tourist complex development project).

The grounds, purposes, requirements, and procedures of the instant dispositions are different. However, each of the instant dispositions is imposed for the same purpose to create a recreational-type housing complex on the site of an amusement park. In the case of a large-scale development company, such as the instant development project, the disposition is a disposition that is accompanied by the progress of the project or is necessary to conduct a follow-up project according to the progress of the project. In particular, in the process of the instant development project implemented pursuant to the instant dispositions, based on the details of the disposition, etc., the instant dispositions are based on the said dispositions. However, in light of the fact that the instant dispositions were conducted for additional installation of facilities prescribed by the Tourism Promotion Act, such as casino facilities, in a business complex, and that the said dispositions will collapse without consideration unless otherwise provided for in the first through 12 of the instant dispositions, it is reasonable to deem that the instant dispositions are null and void due to a serious defect, as long as the said dispositions are null and void due to the same defect.

3. Conclusion

Therefore, the plaintiffs' claims are justified, and the judgment of the court of first instance is just in conclusion, and the appeal by the defendant and the intervenor joining the defendant is dismissed in its entirety due to the lack of grounds. It is so decided as per Disposition.

Do governor-Appellee

Notarial decoration;

A person shall be appointed.

The National Land Planning Act: The National Land Planning and Utilization Act;

The term "Special Act on Jeju: Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City

The term "Ordinance": Ordinance on the approval for the implementation of the Jeju Special Self-Governing Province Development Project.

List 4 (Disposition of Jeju Do Governor)

A person shall be appointed.