The judgment below is reversed, and the case is remanded to Busan High Court.

The grounds of appeal are examined.

1. According to Articles 19-2 and 31-2 of the former Housing Site Development Promotion Act (amended by Act No. 10303, May 17, 2010; hereinafter “Housing Site Development Promotion Act”), a person who is supplied with a housing site created under the Housing Site Development Promotion Act may not resell the housing site as it is without using it for the purpose of being supplied by the time of the transfer of ownership until the time of the transfer of ownership. However, in cases prescribed by the Presidential Decree, such restriction may not apply. In the case of resale of the housing site in violation of such restriction, the pertinent juristic act

Meanwhile, according to Article 13-3 of the former Enforcement Decree of the Housing Site Development Promotion Act (amended by Presidential Decree No. 23113, Aug. 30, 201) (hereinafter “Enforcement Decree of this case”), the term “cases prescribed by Presidential Decree” in the proviso to Article 19-2(1) of the Housing Site Development Promotion Act refers to cases where the consent of the implementer is obtained as it falls under any of subparagraphs 1 through 9: Provided, That in cases falling under subparagraphs 1, 2, 5, and 7, the term “cases prescribed by Presidential Decree” shall apply only to those who have been supplied with the first housing site from the implementer. subparagraphs 1 through 9 shall apply only to those who have been supplied with the housing site in accordance with the implementation of relocation measures under the Act on Acquisition of and Compensation for Land, etc. for Public Works (hereinafter “Public Works Act”), those who have been supplied with the housing site or those who have been developed the housing site are the State, local governments, public institutions or local public corporations (paragraphs 3 and 4).