The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Article 2 Subparag. 7-2 of the Industrial Sites and Development Act (amended by Act No. 11474, Jun. 1, 2012; hereinafter “Revised Industrial Sites Act”) newly established a definition provision for sites for industrial facilities, allowing the determination of sites for industrial facilities by Presidential Decree.

Accordingly, the amended Enforcement Decree of the Industrial Sites and Development Act (amended by Presidential Decree No. 24190 on November 20, 2012 and enforced on the same day; hereinafter "amended Enforcement Decree of the Industrial Sites Act") newly established Article 1-2 and included the site for energy supply facilities under Article 2 subparagraph 6 of the Energy Act in the site for industrial facilities.

(1) Article 40(1) of the Enforcement Decree of the amended Industrial Sites Act provides that "If a project operator sells land, facilities, etc. developed by the project operator as a site for industrial facilities, the sale price shall be the cost of creation."

Therefore, the site for installing a transformation station corresponding to energy supply facilities under the Energy Act is a site for industrial facilities, and the sale price should be the cost of creation in principle.

On the other hand, Article 2 of the Addenda to the Enforcement Decree of the amended Industrial Sites Act provides that the amended provisions of Article 1-2 of the "the applicable title to the site for industrial facilities" shall apply from the case of designating an industrial complex or changing an industrial complex development plan after the enforcement of the above Enforcement Decree.

The main purpose of Article 2 of the Addenda to the Enforcement Decree is to prevent the legal treatment of the same kind of industrial facility site or industrial facility facility before or after the application of the amended provisions is to prevent the previous site from being changed into a site for industrial facilities.

In full view of the language and purport of Article 2 of the Addenda to the above Enforcement Decree, the development plan is modified.