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.

Details of the disposition

The Plaintiff is the owner of Seocho-gu Seoul Metropolitan Government 177,435 square meters of forest land (hereinafter referred to as “instant land”).

Article 4(4) of the former Seoul Special Metropolitan City Ordinance on Urban Planning (amended by Seoul Ordinance No. 5981, Jul. 30, 2015; hereinafter “instant Ordinance”) provides that “The Mayor may include the current status of urban ecology, etc. in the basic survey necessary for the sustainable formulation of the basic urban planning” (hereinafter “instant Ordinance”) shall investigate the current status of urban ecology in accordance with the provisions of Article 4(4) of the same Ordinance, and on April 2, 2015, the Seoul Urban Ecology Improvement (2015) (Public Notice No. 2015-635, Apr. 2, 2015; 14 days from the date of public announcement of the inspection period; 2015-635, Jun. 18, 2015, the Defendant publicly announced the current status of urban ecology (10 theme and the class of non-top of each land) and topographical map (hereinafter “instant public notice”). A part of the instant land assessment of non-top category 1 and sub-level 1.

The term "non-to-saw" means a habitat where a specific plant and animal are in a single living community and is clearly distinguished from other places on the earth's surface. The evaluation of this is composed of a non-to-saw type evaluation and an individual non-to-saw evaluation. The "non-to-saw type evaluation" is assessed as five grades by integrating the functions of habitats, the potentiality of living forms, the structure of plants, area and rare levels, and the "individual non-to-saw evaluation" is assessed as three grades by taking into account nature, biological habitat function, area, location, etc.

On the other hand, Article 24 [Attachment 1] Item 1 A of the Seoul Special Metropolitan City Ordinance on Urban Planning enacted by the defendant for the land designated as Class 1 of the Bato-type evaluation of the Bato-type (the whole target area needs to be absolutely preserved) and Class 1 of the Bato-type evaluation of individual non-to-to-be (the non-to-saw which has special

Development activities shall be conducted in accordance with the provisions of paragraph (4) of the common fields of trees.