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 implemented 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, etc.

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 “Stwitch Act”) provides that when a project plan has been approved pursuant to paragraph (1) or (2), a building permit under Article 11 of the Building Act (No. 1) and a permit for an act under Article 6 of the Housing Site Development Promotion Act (No. 21) shall be deemed to have been obtained.

2. The lower court: (a) obtained approval from the Minister of Land, Transport and Maritime Affairs to revise a district plan and to revise a project plan; (b) carried out a project for the development of the Incheon Western-2 Bogeumjari Housing District and the construction of the Bogeumjari Housing (hereinafter “instant project”); and (c) on August 8, 2013, the head of Nam-gu Incheon Metropolitan City sold housing units sold to the Plaintiff out of 497,477,120, and eight block units among the six block units of the instant project district pursuant to Articles 5(1) and 5-2 of the School Sites