The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. As to the ground of appeal No. 1, Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) which was enacted by Act No. 6655 on Feb. 4, 2002 and enforced on Jan. 1, 2003 provides that a person who intends to engage in an act prescribed by the Presidential Decree (hereinafter “development act”) that constitutes an alteration in the form and quality of land (excluding an alteration in the form and quality of land for farming) shall obtain permission from the Special Metropolitan City Mayor, etc., and Article 51(3) of the Enforcement Decree of the National Land Planning and Utilization Act (hereinafter “Enforcement Decree of the National Land Planning and Utilization Act”) enacted by Presidential Decree No. 17816 on Dec. 26, 2002 refers to an act of changing the form and quality of land by means of cutting, filling-up, paving and paving land, etc. and reclamation of public waters.

In addition, Article 18(1) of the Addenda to the National Land Planning and Utilization Act (amended by Presidential Decree No. 2002. Feb. 4, 2002) provides that the same provision shall not apply to a person who engages in development activities falling under any of the subparagraphs of Article 56(1) in an area other than urban planning zones under the previous Urban Planning Act at the time of the enforcement of the National

The supplementary provisions of this case are applicable to development activities under the National Land Planning Act, but the legislative intent is to protect the vested rights of those who have already obtained permission, etc. under other Acts and subordinate statutes, such as farmland, etc., and the supplementary provisions of the National Land Planning and Utilization Act (Article 11 subparagraph 5) applies for permission for development activities in accordance with the Urban Planning Act for an area within an urban planning zone, the previous Urban Planning Act is deemed to have been granted permission for development activities under the National Land Planning and Utilization Act (Article 10).