All appeals are dismissed.

Costs of appeal shall be borne by each party.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. As to the Defendant’s grounds of appeal, permission to change the form and quality of land pursuant to the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) is permitted and prohibited.

Since there are many parts which are defined as indefinite concepts, in judging whether they meet the requirements, administrative agencies have discretion.

In addition, building permission accompanied by changing the form and quality of land in an urban area designated under the National Land Planning and Utilization Act shall be deemed to have the nature of building permission under the Building Act and permission for changing the form and quality of land under the National Land Planning and Utilization Act.

On the other hand, the judicial review of discretionary acts is limited to whether there is deviation or abuse of discretionary power, taking into account the room for the public interest judgment by the discretion of the administrative agency, and the examination of abuse of discretionary power is subject to the determination of mistake of facts, violation of the principle of proportionality, etc.

(1) Article 18(1)2 of the Ordinance on the Emotional City Urban Planning (hereinafter “Ordinance”), which provides for detailed permission standards for changing the form and quality of land according to the National Land Planning Act and the Enforcement Decree thereof, shall be prohibited, in principle, from permission for development of land with a gradient of at least 15 degrees. However, permission is granted only for development activities for constructing facilities and buildings that the Mayor considers necessary for the public interest purpose through deliberation by the Urban Planning Committee (hereinafter “the instant Ordinance”).