All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

The grounds of appeal are examined.

1. Article 2 subparagraph 3 (a) of the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Urban Parks and Greenbelts Act”) provides that “parks under subparagraph 6 (b) of Article 2 of the National Land Planning and Utilization Act, which are determined by an urban or Gun management plan pursuant to Article 30 of the same Act, shall be one of the urban parks, and Article 16 (1) shall be formulated by the Special Metropolitan City Mayor, etc. having jurisdiction over the administrative district in which the relevant urban park is located, where urban park is determined

In addition, the main text of Article 43(1) of the former National Land Planning and Utilization Act (amended by Act No. 9442, Feb. 6, 2009; hereinafter “National Land Planning Act”) provides that the type, name, location, size, etc. of the facility shall be determined by an urban management plan in advance when it is intended to install infrastructure on the ground, water surface, air surface, underwater or underground.

Therefore, the park building plan under the Park Park Park Act is based on the premise that the urban management planning concerning the building of urban parks is determined as an administrative plan concerning the specific creation of parks.

(see Supreme Court Decision 2013Du14221, Dec. 10, 2015). In particular, a site for an urban park (spatial scope) is determined at the stage of an urban management plan, and a park building plan is to specifically determine the contents and the arrangement of facilities of an urban park on the premise of such determination.

(See Article 8 of the Enforcement Rule of the Park Park Planning Act). Public notice of the determination of an urban management plan and its drawing is evident that specific land is not included in the urban management plan, there are cases where the land is indicated as included in the urban management plan in the subsequent plan or disposition for the enforcement

This constitutes a substantial change in the decision of urban management planning, and thus, the procedure for modifying urban management planning under Article 30(5) of the National Land Planning Act.