1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

2. Determination

A. The parties' assertion

B. The reasoning for the court’s explanation on each of the above parts of the relevant statutes is the same as that for the corresponding part of the judgment of the court of first instance, and thus, it is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the

C. (1) Article 12(1) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Act on Special Measures for Designation and Management of Development Restriction Zones”) provides that a building may not be constructed, altered the purpose of use, installed a structure, altered the form and quality of land, cut bamboo and trees, divided land, stockpiled articles, or implemented an urban or Gun planning project under Article 2 subparag. 11 of the National Land Planning and Utilization Act within a development restriction zone. However, a person who intends to relocate a building in a development restriction zone to a village district designated pursuant to Article 15 ( Subparagraph 2) of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Land Compensation Act”), build a settlement complex to remove a building removed due to the implementation of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Land Compensation Act”), among buildings removed by the implementation of public works under Article 4 of the Land Compensation Act, which cannot be relocated to a village district from the time of designation of the development restriction zone, factory, or religious facility.

In addition, the proviso of Article 1 of the Addenda to the Development Restriction Zone Act ( September 16, 2011) stipulates that the amendment of this case shall enter into force on the date six months after its promulgation.

In addition to the language and purport of the relevant provisions, ① “a building removed from the implementation of public works” in the instant legal provisions has not yet been removed at the time of the enforcement of the instant legal provisions.