개발부담금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details and details of the disposition
A. On June 1, 2011, B Co., Ltd. (hereinafter “B”) obtained approval of a business plan from the Defendant (hereinafter “instant land”) and completed the construction after obtaining approval for the alteration of the business plan from the Defendant on September 9, 2013.
On July 31, 2017, the Plaintiff was entrusted with the instant land from the Defendant, and obtained approval for the use of a building newly built in accordance with the said business from the Defendant.
B. After determining the land use status of the instant land as a main complex site, the Defendant: (a) selected as a comparative standard site the land use status of which is located near the instant land; and (b) on May 31, 2017, determined and publicly announced the officially assessed land price as of January 1, 2017 as KRW 10630,000,000 as of January 1, 2017, by comparing the instant land and individual factors with the instant land.
(hereinafter “instant officially assessed individual land price disposition”). C.
Based on the instant individual land price disposition on February 6, 2018, the Defendant imposed development charges on the Plaintiff on the ground that the instant project constitutes a housing construction project subject to imposition of development charges under the Housing Act (hereinafter “instant development charges”) under Article 5 of the former Restitution of Development Gains Act (amended by Act No. 12245, Jan. 14, 2014; hereinafter “former Restitution of Development Gains Act”); Article 4(1) [Attachment Table 1] of the former Enforcement Decree of the Restitution of Development Gains Act (amended by Presidential Decree No. 25456, Jul. 14, 2014; hereinafter “former Enforcement Decree of the Restitution of Development Gains Act”).
(hereinafter referred to as “instant disposition”). [Ground for recognition] There is no dispute, and Gap Nos. 1 through 3, 8, 8.