(b) The case holding that a housing site which is in progress or for which the examination and work for the designation of a prearranged housing site development area is in progress or for which the selection and work for the scheduled housing site development area is in progress falls under the “a site which cannot be de facto constructed” under the latter part of Article 20 (1)

(b) The case holding that a site where the investigation and work for the designation of a planned housing site development area are in progress or the selection and work for the planned housing site development area are in progress shall be deemed to fall under a site where it is impossible to be de facto constructed" under the latter part of Article 20 (1) 3 of the Act on

The costs of appeal are assessed against the defendant.

1. Article 20(1) of the Act on the Ownership of Housing Sites (hereinafter referred to as the "Act") provides that "a site in which de facto construction is impossible" under the latter part of subparagraph 3 is referred to as "a site excluded from the imposition of charges" and Article 9-2(1) of the Enforcement Rule of the Act (amended by Ordinance of the Ministry of Construction and Transportation No. 527 of Jun. 12, 1993) provides that "a site excluded from a site subject to imposition of charges under the latter part of Article 20(1)3 of the Act shall be a site falling under any of the following subparagraphs and confirmed by the competent Mayor and the head of Gun as unable to grant a building permit." The above reasons are cited in subparagraphs 1 through 7, and they shall be deemed as examples (see Supreme Court Decision 93Nu21637 delivered on May 27, 1994). Thus, if it is deemed that construction is actually impossible under the same conditions as those of the above subparagraphs, it shall be excluded from the imposition of charges" under the latter part of Article 20(1).

2. According to the reasoning of the judgment below, on July 31, 1991, the Mayor of Daejeon Special Metropolitan City requested the Minister of Construction and Transportation to designate members of the Daejeon Special Metropolitan City, Daejeon Special Metropolitan City, which included the land in this case as a prearranged area for housing site development, along with a written investigation, and designated them as a prearranged area for housing site development from September 4, 1992. The Minister of Construction and Transportation as of September 4, 1992. The charges in this case were imposed as of the base date for the imposition of the charges in this case, while the prior investigation for the designation of the prearranged area for housing site development is underway or the selection or drafting of the prearranged area for housing site development was in progress, and there was no single case for the period, and the plaintiff did not request the construction permission to the neighboring area of the land in this case, and the plaintiff did not have any fact that various actions are restricted because they were included in the area adjacent to the area for housing site development in this case, and determined that the land in this case constitutes "a de facto impossible site" under the latter part of construction.

In light of the records and the above legal principles, the above recognition and judgment of the court below is just, and there is no error of law such as the theory of lawsuit.

3. Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Chocheon-sung (Presiding Justice)