과밀부담금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a company established to run a garment production and sales business, real estate rental business, etc. (three-party stock companies before the change).
B. On September 4, 2012, the Defendant imposed KRW 6,051,66,940 on the buildings of 13 stories above ground and 4 stories below ground (hereinafter “instant building”) that were newly built by the Plaintiff on the ground of 60-20 square meters above 7,894 square meters in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, on September 4, 2012, pursuant to Article 12 of the Seoul Metropolitan Area Readjustment Planning Act.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence 1, Gap evidence 7 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that the instant facilities were gratuitously transferred 901 and 1001 among the instant buildings (hereinafter “instant facilities”) to the Korea Industrial Complex Corporation. The Defendant rendered the instant disposition against the instant facilities without reducing or exempting the charges pursuant to Article 13 of the Seoul Metropolitan Area Readjustment Planning Act and Article 17 subparag. 3 of the Enforcement Decree of the same Act.
Among the instant dispositions, the part that did not reduce overconcentration charges in the instant facilities is unlawful for the following reasons.
(1) Violation of the Seoul Metropolitan Area Readjustment Planning Act (amended by Act No. 10252, Apr. 12, 2010; hereinafter “former Industrial Cluster Development Act”) (amended by Act No. 1025, Apr. 12, 2010; hereinafter “former Industrial Cluster Development Act”) stipulates that “The Korea Industrial Complex Corporation shall be granted gratuitous grant of the instant facilities in order to use them for support purposes to occupant enterprises, such as expansion of infrastructure in industrial complexes, as an administrative authority based on the management authority entrusted by the State (the Minister of Knowledge Economy), as the administrative authority.”