The judgment below is reversed and the case is remanded to Seoul High Court.

The grounds of appeal are examined.

1. According to Article 38 of the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Urban Parks and Greenbelts Act”), a person who intends to build any facility, building, or structure, other than facilities necessary to create a greenbelt, shall obtain permission to occupy and use (paragraph (1) 1), and the permitting authority may grant permission to the extent that such occupancy and use does not obstruct the purpose of establishing the greenbelt and does not impede the creation, maintenance, and management of the greenbelt;

(2) Article 38(3) of the Act on Parks and Greenbelts provides that the subject of permission to occupy and use a greenbelt shall be determined by Presidential Decree. Article 43 of the former Enforcement Decree of the Act on Urban Parks, Greenbelts, Etc. (amended by Presidential Decree No. 25585, Sept. 2, 2014; hereinafter “Enforcement Decree of the Act on Parks and Greenbelts”) provides that “construction of a road, bridge, railway, or tram-road parking lot landing place” (Article 22 subparag. 1 and 22 subparag. 3) and “construction of facilities similar to facilities referred to in subparagraph 1” (Article 7) are subject to permission to occupy and use a greenbelt.

Therefore, "facilities having functions similar to off-road parking lots" can be subject to permission to occupy and use greenbelts, and the Act on the Management of Parks and Greenbelts or the Enforcement Decree of the Act on the Management of Parks and Greenbelts does not have the definition

Meanwhile, the Parking Lot Act was enacted for the purpose of ensuring the convenience of the general public by providing for matters necessary for the installation, maintenance, and management of parking lots (Article 1). The parking lot is divided into on-road parking lots, off-road parking lots, and annexed parking lots. The “off-road parking lot” is a facility for parking motor vehicles, which is installed in a place other than road surface and traffic squares, and is provided for the public use. The “attached parking lot” is a facility for parking motor vehicles, which is a building, golf driving range, and other facilities that create demand for parking.