The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Before the amendment by Act No. 11060, Sept. 16, 2011;

(b) The parks and greenbelts Act;

According to Article 24, any person who intends to build facilities other than park facilities in an urban park shall obtain permission to occupy and use a market, etc. managing the relevant urban park (Article 1(1)1), a market, etc. shall not go against a park building plan, and there is a ground to inevitably occupy and use the relevant urban park, and it is deemed that such occupation and use does not interfere with the public use (Article 24(2)). Furthermore, according to Article 41 of the Park and Greenbelts Act, the head of a Si, etc. may impose and collect occupation and use fees from persons who occupy and use an urban park with permission under Article 24(1) (Article 24(1)), and necessary matters concerning the amount of occupation and use fees and collection method shall be prescribed by the Municipal Ordinance of the local government, etc. to which the relevant Mayor, etc. belongs (Article 2(2)). According to such delegation, the Ordinance on Permission to Occupy and use the Gu Urban Park and Greenbelts, which have been implemented in succession in the period of occupation and use of the relevant land.

(2) The term “Gu Ordinance” means “Gu Ordinance”

Article 9(1) of the Ansan City Ordinance on the Collection of Occupancy and Use Fees of Urban Parks and Greenbelts (hereinafter referred to as the “Ordinance of the Ansan City”).

Article 3 provides that "the rates for the items of occupancy and use are as specified in the attached Table." Each subparagraph 2 of the attached Table provides that "the rate for the occupancy and use of water pipes, sewage pipes, gas pipes, utility tunnels, and similar facilities" shall be "3/100 of the value of the property on the area for occupancy and use", and subparagraph 6 of the attached Table provides that "the rate for the occupancy and use of electric poles, electric wires, substations, and other similar facilities" shall be "10/100 of the value of the property on the area for occupancy and use".

. As such,