개발부담금부과처분취소
1. The part concerning the claim for payment of money among the lawsuits in this case shall be dismissed.
2. The plaintiff's remaining claims are dismissed.
3.
1. Details of the disposition;
A. On August 10, 201, the Plaintiff obtained a construction permit from the Defendant to newly construct a factory of 2,93.6 square meters and total floor area on the ground, 2,93.6 square meters, 321 square meters, C previous 2,666 square meters, 2,578 square meters prior to D, 691 square meters of forest land, E forest land, 580 square meters, G 50 square meters, 50 square meters, and 9,896 square meters in total of 10 square meters in H 10 square meters (hereinafter referred to as “instant land” in total; hereinafter referred to as “the instant new factory”) with the Defendant, which is a development restriction zone (hereinafter referred to as “the instant new factory”), and obtained approval for use on December 16, 201 (hereinafter referred to as “the instant project”).
B. On August 10, 2011, the Defendant imposed a disposition of imposition of KRW 492,31,920 of the preservation charges for development restriction zones pursuant to Article 21(1) of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Act on Special Measures for Development Restriction Zones”) on the ground that the Plaintiff obtained a building permit on the instant land, which is a development restriction zone.
(A) Evidence 10 No. 10, hereinafter “Disposition of Preservation Charges for Development Restriction Zones”).
The Defendant notified the Plaintiff of the decision on farmland preservation charges on the ground that there was a farmland diversion permission for C and D land among the instant land in relation to the construction of the instant factory by the Defendant. On August 16, 2011, the Korea Rural Community Corporation notified the Plaintiff of the payment of KRW 262,20,000 of the farmland preservation charges pursuant to Article 38(1) of the former Farmland Act (amended by Act No. 11171, Jan. 17, 2012; hereinafter “former Farmland Act”).
(A) No. 11, hereinafter “Disposition of Farmland Preservation Charges”) D.
On October 19, 2012, the Defendant: (a) on the Plaintiff on October 19, 2012, with regard to the land B with an existing factory among the instant projects, and the part other than G and H land whose land category has already been changed to the original condition; and (b) on January 14, 2014.