[1] The meaning of "existing site" whose compatibility has been completed under Article 2 subparagraph 1 of the Regulations on Criteria for Permission for Change, etc. of Land Quality and Quality

[2] The case holding that an order to restore land to its original state and a disposition to correct the form and quality is lawful where the form and quality of land exceeds the area that can change the form and quality after obtaining a construction permit even though the land category registered on the public register has long been impossible to construct housing, etc. in its original state, as land belonging to a development restriction zone

[1] In defining "the alteration of the form and quality of land" under Article 2 subparagraph 1 of the Regulations on the Criteria, etc. for Permission for Change, etc. of Land Form and Quality, the act of changing the form and quality of land or reclaiming public waters due to cutting, banking or suspension, etc. of land is excluded from "the act of excavating land for the installation of buildings and other structures within existing sites of which lighting has been completed". "the existing site of which lighting has already been completed" refers to the case where the land is already made into a site suitable for construction and it is possible to construct the land only by obtaining permission for the construction part without de facto changing its form and quality into external form and form. Even though the land category is the land of which is its original large, even if the land category is the land of which the construction is its original large, it shall not be included in the case where the act of excavating the land alone while maintaining the external form and the act of excavating the land for construction is not sufficient to construct any building or other structures

[2] Where the form and quality of land is changed beyond the area where construction of housing, etc. can be changed after obtaining a construction permit even though the land category on the public register has long been a site in a development restriction zone within a natural green area under the Urban Planning Act, the case holding that the order of restoration and the disposition of adjustment are lawful on the ground that the land does not constitute the "existing site where compatibility has been completed" under Article 2 subparagraph 1 of the Regulations on the Criteria for Permission for Change, etc. of Land Form and Quality,

[1] Article 2 subparag. 1 of the Regulations on Standards, etc. for Permission for Change, etc. of Land Quality and Quality, Article 4(1) of the Urban Planning Act / [2] Article 21 of the Urban Planning Act, Article 20 of the Enforcement Decree of the Urban Planning Act, Article 9 of the Enforcement Rule of the Urban Planning Act, Article 2 subparag. 1 of the Regulations on Permission, etc. for Change, etc

[1] Supreme Court Decision 91Do2234 delivered on November 26, 1991 (Gong1992, 367) Supreme Court Decision 93Do403 delivered on August 27, 1993 (Gong1993Ha, 2685) Supreme Court Decision 92Nu15703 delivered on February 8, 1994 (Gong194Sang, 1019), Supreme Court Decision 94Do3209 delivered on March 10, 1995 (Gong195Sang, 164) / [2] Supreme Court Decision 93Nu6256 delivered on March 222, 1994 (Gong194, 1343), Supreme Court Decision 95Nu187985 delivered on January 23, 196 (Gong1995Sang, 1695)

Plaintiff (Law Firm Shin, Attorney Jeong Sung-sung et al., Counsel for plaintiff-appellant)

Southyang-si Gyeongyang-si

Seoul High Court Decision 97Gu30525 delivered on July 21, 1998

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

"Change in the form and quality of land" in Article 2 subparagraph 1 of the Regulations on Standards for Permission for Change, etc. of Land Form and Quality stipulates that "the act of changing the form and quality of land due to cutting, filling-up, or suspension of land or reclamation of public waters means the act of reclaiming public waters, but "the act of excavating land for the installation of buildings and other structures within existing sites of which compatibility has been completed" shall be excluded. "the existing site of which compatibility has already been completed" refers to a case where the land is already made up of a site suitable for construction and it is possible to construct the land only with the permission for the construction for the construction without de facto changing the form and quality in the external form and form. Even though the land is the land whose category is its original substitute, even if the land is the land category, the act of excavating the land for the construction cannot be constructed only by maintaining the external form and the other construction is not included in the case where a separate cutting, banking, and a stop work is needed

According to the reasoning of the judgment below, the court below held that the above part of this case's land was owned jointly by 12 persons, including the plaintiff, on the land belonging to the development restriction zone under the Urban Planning Act, and that the non-party 1, who is one of the co-owners, was permitted to construct a house of 132.76 square meters on the land of this case on February 21, 1997. The land of this case is a slope whose land category was long registered, but it is impossible to construct a house, etc. on the ground that the above part of this case's land was not located within 10,000 square meters on the ground that the above part of this case's land was not located within 7,000 square meters for the ground that the above part of this case's land was not located within 9,000 square meters for the ground that the above part of this case's land was not located within 17,000 square meters of land's land form and quality alteration and 17,007,00 square meters of land.

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

Justices Lee Jae-soo (Presiding Justice)