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.

The reasoning of the judgment of the court of first instance, which partially accepted the judgment, is "the legitimacy of each of the dispositions of this case" from "1. The grounds of the judgment of the court of first instance."

Plaintiff’s assertion

B. Until the relevant statutes, the relevant part of the reasoning of the judgment of the first instance is identical to that of the relevant part (from the second fifth to the second second half of the judgment of the first instance), and thus, it shall be quoted in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act. The part which was used by the court is less than the sixth third third of the judgment of the first instance court.

C. Article 12(1) of the Act on the Determination of Grounds for Disposition No. 1 of this case provides that construction of a building, alteration of the purpose of use, installation of a structure, alteration of the form and quality of land, cutting of bamboo and trees, partition of land, piling-up of goods, or implementation of an urban/Gun planning project under Article 2 subparag. 11 of the National Land Planning and Utilization Act shall not be permitted within a development restriction zone: Provided, That a person who intends to move-in a village district of a building which has difficulty moving-in into a village district among buildings removed by the implementation of public works under Article 4 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects and which has been at the time of designation of a development restriction zone and which has not been designated as a house, factory, or religious facility

The purport of the above provision is to prohibit the construction of buildings, alteration of the form and quality of land, etc. in a development restriction zone designated to prevent any disorderly expansion of cities and to preserve the natural environment surrounding cities in order to ensure the healthy living environment for urban citizens. However, only when meeting the requirements of Article 12(1)3-2 of the Development Restriction Zone Act, buildings removed by the implementation of public works exceptionally can be relocated to a non-village area, and such exceptional permission is granted.