1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

The reasons why the court should explain about this case are as stated in the part of the first instance judgment except for adding the allegations of the plaintiff and the judgment on this case to the plaintiff at the trial court as set forth in the following Paragraph 2. Thus, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff asserts that Article 24 (2) 2 of the instant Ordinance and Article 4 of the Addenda to the Seoul Special Metropolitan City Ordinance on the Maintenance of Urban and Residential Environments (hereinafter “the Addenda to this case”) are null and void due to the lack of statutory delegation. As such, the Plaintiff asserts that the instant management and disposition plan, excluding the Plaintiff from the purchaser, shall also be null and void as a matter of course, on the premise that the instant Ordinance is applied.

Article 48 (7) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") provides that "the necessary matters concerning the contents of the management and disposal plan under paragraph (1) and the methods and standards for the management and disposal plan shall be prescribed by Presidential Decree," and the proviso to Article 52 (1) 3 of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as "the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents") provides that "the owners of lands, etc. who do not meet the standards for the amount, scale, acquisition or type prescribed by ordinance of City/Do may be excluded from the objects of parcelling-out as prescribed by ordinance of City/Do."

In addition, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents was amended by Act No. 9444 on February 6, 2009 (Article 19), and the enforcement period was set on August 7, 2009.

(Supplementary Rule Article 1). The above amendment of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents reflects the contents of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.