1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the addition as follows. Thus, it shall be cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The addition of the part in the judgment of the court of first instance, 9 pages, shall include the following:

In addition, the Plaintiff merely constructed the instant housing site after the completion of the instant housing zone development project, and did not conduct the development project for the instant housing site by additionally creating the instant housing site with the authorization and permission from the State or a local government, etc., and the Plaintiff did not have any change in circumstances that may cause a rise in normal land price of the instant housing site by the completion of the instant housing construction project after the completion of the instant housing construction project and the completion of construction and sale of the relevant housing site, such as a land category change in the public record, etc., the Plaintiff cannot be deemed to have increased in excess of normal land price increase due to the instant housing construction project separate from the instant housing zone development project, and there is no evidence to acknowledge otherwise. As such, the Plaintiff cannot be deemed to have caused development gains from the instant housing development project, and thus, the subject of the instant housing construction project cannot be deemed to have been subject to development charges. In addition, the Defendant also asserted that the Plaintiff should bear development charges on the grounds that the development gains accrued from the instant housing zone development project should not be included in the sale price due to the instant housing site.