The scope of buildings that can be changed to religious facilities referred to in Article 7(1)6(c)(2) of the Enforcement Rule of the Urban Planning Act

In full view of the purport of Article 21 of the Urban Planning Act, Article 20 of the Enforcement Decree of the same Act and Article 7(1)6(c)(2) of the Enforcement Decree of the same Act, buildings that can be changed to religious facilities referred to in Article 7(1)6(c)(2) of the same Enforcement Rule shall not include buildings that can be newly constructed within development-restricted areas by the permission of the head of Si/Gun.

Article 21 of the Urban Planning Act, Article 20 of the Enforcement Decree of the same Act, and Article 7 (1) 6 (c) of the Enforcement Rule of the same Act (2)

Plaintiff 1 et al., Counsel for defendant-appellant

The head of Busan Metropolitan City Office

Daegu High Court Decision 84Gu78 delivered on August 23, 1984

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

The grounds of appeal are examined.

According to Article 21 of the Enforcement Decree of the Urban Planning Act, where the Minister of Construction and Transportation deems it necessary to restrict urban development in order to prevent any disorderly expansion of cities and to preserve the natural environment surrounding urban areas in order to ensure the healthy living environment for urban citizens, he may designate areas to restrict urban development according to urban planning. Buildings which violate the purpose of designation in development-restricted areas may not be constructed or constructed in areas designated as restricted areas. However, buildings which are deemed necessary for public interest or to manage projects which do not interfere with the purpose of designation of development-restricted areas such as agriculture, forestry and fisheries shall be exceptionally constructed with the permission of the head of Si/Gun. Meanwhile, according to Article 7 (1) 6 (c) (2) of the Enforcement Rule of the same Act, buildings which are prohibited from newly constructing factories or houses can be changed to religious facilities by the permission of the head of Si/Gun. Considering the purport of the above provisions, the court below's error in construction of Article 7 (1) 6 (c) of the Enforcement Rule of the Urban Planning Act can not be included in the permission of new construction under Article 7 (2) of the Enforcement Rule) of the Urban Planning Act.

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

Justices Lee Jae-hee (Presiding Justice)