1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 10, 1985, the Defendant (formerly: Gyeongjin Construction Co., Ltd.) obtained approval for the construction permit and the construction plan for Rose of Sharon rental apartment (hereinafter “instant apartment”) around December 16, 1985, in order to construct rental apartments on the land in the north-gu, Seogdong-dong 198, 199-1, 199-2, 199-3, 199-4, and 200-2.

B. The land owned by the Defendant was divided into 198, 199-1, 199-2, 199-3, and 199-4 on December 26, 1985 after the merger on December 20, 1985, the land was divided into 198, 3,122 square meters for the same 198-1, 198-1,287 square meters for the same 198-2, 198-2, 2,208 square meters for the same 198-3, 198-3, and 24 square meters for the same 198, 198-2 on the date of division, the land category was changed to “site” and the land category was changed to “road” for the same 198, 198-1, and 198-3.

(hereinafter referred to as “instant land”) 1,287 square meters in Northern-dong, 198-1, 198-1, 287 square meters in each of the following areas:

The instant land is located between the operation of the instant apartment and the Dong.

On December 31, 197, the price of the instant land and the land connected thereto was designated as a road under the urban planning. D.

Article 33 (Approval of Business Plan and Building Permission, etc.) (1) A person who intends to construct housing in excess of the number of units as prescribed by the Presidential Decree, or to create housing sites in excess of the size as prescribed by the Presidential Decree, shall prepare a business plan and obtain the approval of the Minister of Construction and Transportation.

The same shall also apply to any modification of a project plan (excluding any modification of insignificant matters prescribed by Ordinance of the Ministry of Construction and Transportation).

(8) In cases where a project undertaker installs new public facilities or public facilities replacing existing public facilities on land in a project district for which a project plan has been approved under paragraph (1), the provisions of Article 83 of the Urban Planning Act shall apply mutatis mutandis to the reversion of such public

In such cases, the project undertaker.