The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined.

1. The lower court dismissed the Plaintiff’s claim seeking the revocation of the instant disposition for the following reasons.

In light of the language and text of Article 13 subparag. 3 of the Seoul Metropolitan Area Readjustment Planning Act and Article 17 subparag. 3 of the Enforcement Decree of the Seoul Metropolitan Area Readjustment Planning Act (hereinafter “instant provision”), and the principle of statutory interpretation on charges, etc., the provision on reduction or exemption cannot be interpreted as including gratuitous concession of the authority of the State or a local government to the public agency entrusted with the authority of the State or a local government. The nominal owner on the registry of the instant facilities still belongs to the Korea Industrial Complex Corporation, and there is no special agreement between the Plaintiff and the Korea Industrial Complex Corporation to repurchase public facilities provided by the Plaintiff at the time seven years have elapsed since the date of receipt of the ownership transfer registration. In light of the above, it is difficult to deem that there is a reasonable ground to expand the provision on gratuitous concession of the instant facilities to be included in the “donation of donations to the State or a local government.”

B. Overconcentration charges are a kind of responsibility for the concentration of population, and even if the Plaintiff transferred the instant facilities to the Korea Industrial Complex Corporation, it cannot be deemed that there is no public interest that is additionally achieved by the imposition of overconcentration charges, and it is difficult to view that the Plaintiff violated the principle of proportion by significantly losing the balance between private interest that is infringed by the imposition of overconcentration charges and the public interest that is to be achieved by the instant disposition.

(c) having regard to the high level of public interest performed by the State or local governments, consignment to the State or local governments and the authority of the State or local governments.