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

The grounds of appeal are examined.

1. Article 63(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) provides that “The State or a local government may partially subsidize or loan, or arrange a loan to, a project implementer that is not the head of a Si/Gun.” Article 60(3) of the Enforcement Decree of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents provides that “The amount that the State or a local government may subsidize pursuant to Article 63(3) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not exceed 50 percent

The former Ordinance on the Improvement of Urban and Residential Environments in Seoul Special Metropolitan City was amended by Ordinance No. 563 on August 1, 2013.

(1) The old Ordinance on the Maintenance and Improvement (hereinafter referred to as the “former Ordinance on the Maintenance”).

Article 38(2) of the Urban Improvement Act provides that “The head of a Si may subsidize part of the costs for the installation of infrastructure for rearrangement due to a rearrangement project in any of the following cases,” and subparagraph 2 of Article 38 provides that “the roads with urban planning facilities of at least eight meters wide installed within a housing redevelopment zone, small parks, children’s parks, and green areas.” Furthermore, the Seoul Special Metropolitan City Ordinance on the Management of Subsidies stipulates one of the costs subsidization as “the roads with urban planning facilities of at least eight meters wide installed within a housing redevelopment zone” (Article 5(1)). Furthermore, the Seoul Special Metropolitan City Ordinance on the Management of Subsidies requests the Mayor to reflect the budget of subsidies every year (Article 5(1). In the application, the applicant shall submit an application and accompanying documents stating the purpose and details of the subsidy program, the expenses required for the subsidy program, and other necessary matters (Article 5(2). A person who intends to receive the subsidy shall submit an application stating the purpose and details of the subsidy program, the expenses required for the subsidy