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.

1. The reasoning for the court’s explanation on this part of the basic facts is as stated in the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The reasons why the court states this part of the relevant laws and regulations are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. Summary of the parties' arguments;

A. The Plaintiff’s instant disposition of this case’s assertion is null and void on account of a serious and obvious defect as follows. As such, the Defendant is obligated to refund to the Plaintiff the total sum of the charges and additional dues paid by the Plaintiff, as well as damages for delay.

1) Addenda to the Special Act ( February 22, 2012; hereinafter referred to as the “Supplementary Rule of the Special Act”)

Article 2) Article 2 provides that “The amended provisions of Articles 11 and 11-2 shall apply from the business for which an application for authorization, approval, or permission was filed for the first time after the enforcement of the same amended provisions.” However, the Busan New Harbor Co., Ltd., which was before February 22, 2012 when each of the above amended provisions was enforced, obtained approval of the implementation plan for the public-private partnership project for Busan New Harbor Development, including the instant land, on December 19, 2000. Therefore, each of the above amended provisions cannot be applied to the instant project implemented on the instant land, and the former Special Act on the Management of Intercity Transport in Metropolitan Areas (amended by Act No. 11366, Feb. 22, 2012; hereinafter referred to as the “former Special Act”).

(2) Article 11 of the former Urban Planning Act (Act No. 6655, Feb. 4, 2002; hereinafter the same shall apply) applies to housing construction projects implemented within a district, district, or project area where housing site development projects under the Housing Site Development Promotion Act or urban development projects under the Urban Development Act are implemented pursuant to Article 11 subparag. 4 proviso, Article 11 subparag. 1, and 2 of the same Act.