The appeal is dismissed.

The costs of appeal are assessed against the defendant.

The grounds of appeal are examined.

1. Regarding the validity of the notification of topographic drawings (Ground of appeal No. 1)

A. According to Article 32(1), (4), and (5) of the former National Land Planning and Utilization Act (amended by Act No. 9442, Feb. 6, 2009; hereinafter “former National Land Planning Act”), unless a topographical map above the scale prescribed by the Presidential Decree is used and publicly notified as a topographical map, and when the decision of the urban management plan is publicly notified, a topographical map specifying the matters of the urban management plan shall be prepared on the topographical map indicating the cadastral matters as prescribed by the Presidential Decree, and the related documents shall be publicly announced so that the general public may peruse it.

According to the provisions of Article 27 (1) and (8) of the former Enforcement Decree of the National Land Planning and Utilization Act (amended by Presidential Decree No. 21669 of Aug. 5, 2009), a topographic map shall be drawn up on a scale of 1 to 1,500 (the forest, control area, agricultural and fishery area, and natural environment conservation area in the green belt area may be on a scale of 1 to 3,000 through 1 to 6,000), and the publication of a topographic map shall be made through the official gazette or official bulletin.

As such, the purport of the former National Land Planning Act stipulating that a topographical map shall be prepared and publicly announced after the determination of an urban management plan is to promote convenience in land use and ensure predictability and transparency in administration by clearly publicly announcing the contents of land subject to restrictions on land use by urban management plan.

(see Supreme Court Decision 2014Du37122, Apr. 7, 2017). According to Article 10(5) of the Guidelines on the Preparation of Topographical Drawings, such as the Ministry of Land, Infrastructure and Transport Zones, urban management planning drawings are to be prepared and printed out on the paper of a standard of A1 (594m x 841m m x 841m) so that the general public can know the location of individual lot numbers and the matters subject to planning restrictions by lot number when viewing topographic drawings.