The judgment below

The part against the defendant is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

The grounds of appeal are examined.

1. As a premise for bearing liability for damages under the State Compensation Act, if an administrative disposition by a public official is unlawful, it shall be recognized that the administrative disposition was taken by violating the relevant Acts and subordinate statutes. Therefore, in a case where an application for permission, etc., which is a beneficial administrative disposition, was filed, the mere fact that the applicant did not provide guidance or consideration necessary to achieve the purpose of the administrative disposition in detail is not deemed to have committed an unlawful act in the course of performing his/her duties

2. According to the reasoning of the lower judgment and the record, the Plaintiff filed an application for permission to occupy and use the river site in the instant river site owned by the Defendant while submitting a business plan containing the establishment of the Hadiology research institute in the instant river site owned by the Defendant, and the Defendant: (a) on April 8, 2014, the Plaintiff granted permission to occupy and use the said river site to the Plaintiff; (b) around July 2, 2014, the Plaintiff installed six containers on the said river site; and (c) on November 6, 2014, the Defendant revoked the permission to use and use the relevant river site on the ground that the said river site was installed without obtaining the permission to engage in any act prescribed in Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones

3. The court below examined whether the above river site is a development-restricted zone and whether the installation of facilities related to the purpose of permission stated in the application for permission to occupy and use a development-restricted zone is possible since the Plaintiff’s application for permission to occupy and use the river site included the establishment of a turology research institute in the instant river site, and then decided whether to grant permission or at least to the Plaintiff as a development-restricted zone after consultation with the relevant department.