The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. According to Articles 19-2 and 31-2 of the former Housing Site Development Promotion Act (amended by Act No. 10303, May 17, 2010; hereinafter “Housing Site Development Promotion Act”), a person who is supplied with a housing site created under the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the purpose of being supplied by the time of the transfer of ownership until the time of the transfer of ownership. However, in cases prescribed by Presidential Decree, such restriction may not apply. In the case of resale of the housing site in violation of such restriction, the pertinent juristic act shall

Meanwhile, according to Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 23113, Aug. 30, 201) (hereinafter “Enforcement Decree of this case”), the term “cases prescribed by Presidential Decree” in the proviso to Article 19-2(1) of the Housing Site Development Promotion Act refers to cases where the consent of the implementer is obtained as it falls under any of subparagraphs 1 through 9: Provided, That in cases falling under subparagraphs 1, 2, 5, and 7, only applies to a person who is supplied with a housing site for the first time from the implementer; subparagraphs 1 through 9 are supplied with a housing construction site in accordance with the implementation of relocation measures under the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”); the person supplied with a housing site or a purchaser of a housing site developed is the State, local government, public institution or local government-invested public corporation (paragraphs 3 and 4); and the purchaser transferred the housing construction project operator’s ownership to the purchaser through a free contract.