The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

The grounds of appeal are examined.

1.(a)

According to the Act on Urban Parks, Greenbelts, Etc. (hereinafter “Urban Park Act”), a person, other than the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Gun (hereinafter “Mayor, etc.”) (hereinafter “private park promoter”) may propose a Mayor, etc. to formulate a park building plan for urban parks

(Article 16(3). Furthermore, upon receipt of a proposal to develop a park building plan, the head of the Si, etc. shall notify the proposer of whether to expropriate the proposal within the period prescribed by Presidential Decree after consultation with the urban park committee established in the relevant local government, and if he/she intends to accept the proposal, it shall be reflected in the

(Article 16(4) of the National Land Planning and Utilization Act (hereinafter referred to as the “National Land Planning Act”) and a private park promoter may designate an implementor of an urban/Gun planning facility project under Article 85(5) of the same Act (hereinafter referred to as the “National Land Planning Act”) and build and operate any urban park or park facilities after obtaining authorization for an implementation plan under Article 88(2) of

(Article 21(1). Where a private park promoter donates an urban park to the park management agency and satisfies certain standards, he/she may install facilities, other than park facilities, on the remaining site or underground space of the donation, or implement incidental projects pursuant to Article 21 of the Act on Private Participation in Infrastructure (Article 21-2(1)).

(Article 21-2(8). In addition, when a private park promoter constructs an urban park under Article 21-2(1), he/she shall enter into an agreement with the Mayor, etc. on certain matters.

(Article 21-2 (12). (b)

The contents and purpose of these relevant regulations and urban park laws and regulations.