1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. A. On August 14, 1997, the Plaintiff constructed “hulled rice drying site” on the ground of the land B in Yongsan-gu, Yongsan-gu, Busan-gu (hereinafter “instant land”) in which he owns, and applied for a land category change on or around December 1998, the land category of the said land was changed from “B” to “miscellaneous land” on December 10, 1998.

B. Since September 2014, the Plaintiff filed an application for land category change when filing an application for change of the building ledger to change the “fish drying site” from “agricultural warehouse.” On September 5, 2014, the land category of the above land was changed from “fash site” to “fash site.”

C. In addition, around March 2015, the Plaintiff filed an application for land category change with the purport that the said “agricultural warehouse” is changed to the “manufacturing facility”. On March 23, 2015, the land category of the said land was changed from “ware site” to “factory site.”

On May 2, 2016, the Defendant imposed development charges of KRW 1,347,500 on the Plaintiff on May 2, 2016, on the ground that the Plaintiff’s alteration of use of the building from “agricultural warehouse” to “manufacturing facility” constitutes a development project involving a land category change.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5 (including branch numbers, if any) and the purport of the whole pleadings

2. The assertion and judgment as to the cause of the claim

A. On December 30, 2003, the Defendant should have changed the land category of the instant land from “miscellaneous land” to “ware site” (a newly established category at the time of amendment of the Cadastral Act on January 26, 2001) ex officio.

However, according to the Defendant’s failure to implement this, the land category of the above land was finally changed to “factory site” according to the Plaintiff’s application for land category change more than twice.

However, the Defendant imposed development charges of KRW 1,347,00 on the Plaintiff’s change of land category.