The portion of charges for school site paid after imposition of development charges shall be reversed, and this part shall be reversed.

1. If an administrative agency’s refusal against a citizen’s application falls under an administrative disposition which is the subject of an appeal litigation, the application shall be an exercise of public authority or a similar administrative action, and the refusal shall cause any change in the applicant’s legal relationship, and the citizen shall have the right to file an application under Acts and subordinate statutes or cooking demanding that the act be committed;

In addition, the existence of the right to request, which is a prerequisite for recognizing the disposition of the refusal, should be determined abstractly by examining who the applicant considers in a specific case and whether the relevant laws and regulations recognize such right to request.

(2) On June 11, 1996, the lower court: (a) on December 18, 2006, the Plaintiff obtained approval for the housing construction project plan for the instant apartment construction project from the Defendant and received authorization for completion on May 29, 2009; (b) on August 31, 2009, the Plaintiff received a notice to pay school site charges from the Defendant and paid KRW 179,263,200 to the Plaintiff on August 31, 2009; (c) on September 23, 2009, imposed development charges of KRW 598,835,300 on the Plaintiff (hereinafter “instant disposition”); and (d) on the Plaintiff’s receipt of the notice to pay the school site charges from the Defendant, the lower court recognized that the Plaintiff could not be subject to the Plaintiff’s additional imposition of development charges of KRW 598,835,300 from December 27, 2009 to June 10, 2019>

Furthermore, the lower court, based on its stated reasoning, paid by the Plaintiff.