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1. The defendant's appeal is dismissed.
2. Of the costs of appeal, the part resulting from the intervention is the Intervenor joining the Defendant.
Reasons
1. Details of the disposition;
A. On January 23, 1986, the Gyeongnam-do governor announced a creation plan in accordance with Article 24(3) of the former Tourism Promotion Act (amended by Act No. 5453, Dec. 13, 1997; hereinafter “former Tourism Promotion Act”) with the approval of the Minister of Construction and Transportation as to November 13, 1987 with respect to the change of the name to Changwon-gun, Chang-gun, Seoul Special Metropolitan City, as a tourist destination, into a neighboring area. The Gyeongwon-gun changed the name to a Changwon-gun. The Gyeongwon-gun was then incorporated into a Changwon-gun and then converted into a neighboring area.
The above creation plan was later revised on three occasions on December 27, 1993, by obtaining approval as prescribed by Article 24(1) of the former Tourism Promotion Act (this provision was partially amended on December 27, 1993, which was earlier than the above amendment, but its progress is not stated separately because there was no substantial change in the part applicable to this case; hereinafter the same shall also apply) and was announced pursuant to Article 24(3) of the former Tourism Promotion Act (However, in the process of the above amendment, the right to prepare the creation plan seems to have been delegated to the Mayor or the head of the Si/Gun, and the authority to approve it to the Do Governor respectively in accordance with the relevant Act and subordinate statutes). Of them, the above creation plan, which completed the change to G announced at Changsi on April 25, 1995, contains contents that limited designation of the size, number of floors, purposes, etc. for each facility to be
(In addition, around March 2002, the Defendant took the procedure for modifying the above creation plan, but the content of the modification is not specified in detail because it is not directly related to the instant case. hereinafter the above modified creation plan is referred to as the “instant creation plan”).
According to the creation plan of this case on land D in Changwon-si, located within the F tourist destination for the defendant, the intervenor and one other are the land use by each facility.