The case holding that a construction act is reserved due to an urban district development project under the Urban Planning Act and its price constitutes a cause of non-permission for changing the form and quality of land as stipulated in Article 4 (1) 2 of the Regulations on Criteria for Permission for Change, etc. of Land Form and Quality of Land with respect to an application for permission for change of form and quality

The case holding that it is inappropriate to change the form and quality of the land for which all construction activities have been reserved due to the urban development project under the Urban Planning Act for the purpose of construction, and to allow the development by changing the form and quality of only the above land in the course of investigation and examination as the land subject to the planned housing site development district under the housing site development project by the government-important policy project is likely to hinder urban development in this area as well as to cause property damage to the owner, and this constitutes the ground for refusing the change of form and quality as stipulated in Article 4 (1) 2 of

Articles 4(1)1 and 21(2) of the Urban Planning Act, Article 4(1)2 of the Regulations on Criteria for Permission for Change, etc. of Land Form and Quality, etc.

[Judgment of the court below]

Attorney Lee Jae-ok, Counsel for the defendant-appellant

Seoul High Court Decision 89Gu14009 delivered on June 27, 1990

The appeal is dismissed.

The costs of appeal are assessed against the plaintiff.

We examine the grounds of appeal.

According to the reasoning of the judgment below, the court below recognized that the land in this case, including the land in this case, is a non-developed area located in the south of 196,00 square meters of the land of this case, and existing houses have been scattered, and since the Seoul Special Metropolitan City enacted the Urban Planning Act on March 23, 1984, the above regulation measures have not been cancelled until now, and the land in this case is being investigated and examined as the land subject to housing site development district for housing construction of 2,00,000 square meters, which is one of the government main policy projects under the Urban Planning Act, and it is not appropriate to change the form and quality of the land for the purpose of construction, and since the above land is being investigated as housing site development district for housing construction of 2,00,000 square meters, which is one of the main government policy projects under the Urban Planning Act, and there is no violation of the rules of evidence selection or alteration of the land form and quality of the land in this case and there is no violation of the rules of the Urban Development Act or the records.

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-sung (Presiding Justice)