사용료부과처분취소
1. Of the judgment of the court of first instance, the Defendant imposed a fee of KRW 16,941,323,390 on the Plaintiff on May 20, 2009, which was imposed by the Defendant, 6,027.
1. Details of the disposition;
A. 1) The Plaintiff is the Seocho-gu Seoul Metropolitan Government and seven parcels (hereinafter “instant project zone”).
A) A housing reconstruction project on the ground (hereinafter “instant project”).
(2) On November 11, 2002, the Seoul Special Metropolitan City Mayor published the Seoul Special Metropolitan City D Zone Development Master Plan (Modification) with respect to the size of 2,714,01.2 square meters including the project area of this case as C as of November 11, 2002, and approved the establishment of the Plaintiff on June 27, 2003.
In addition, on December 31, 2004, the Defendant issued an authorization to implement the housing reconstruction project with the Plaintiff as the project implementer (hereinafter “authorization to implement the instant project”), and on January 5, 2005, publicly notified the authorization to implement the instant project.
3) The instant project implementation authorization: (a) the Plaintiff installed a park of KRW 11,803.8 square meters in the instant project zone at the expense of KRW 67,386,485,50; and (b) installed a road of KRW 8,626.0 square meters in the instant project zone at the expense of KRW 63,86,693,50; and (c) installed within the instant project zone at the expense of KRW 21,544.3 square meters in the road (hereinafter “instant site”) which is an infrastructure for the improvement, which is located in the instant project implementation.
2) As to the park of this case, the park of this case is 95,160,679,000 won, which is 26,565,90,000 square meters for ditches 6,355.5 square meters for a ditch, and 13,606.8 square meters for a park (hereinafter “instant park site”).
A) The content of the instant park site included the assessment of KRW 63,113,885,50,000, and among the instant park site, it is deemed that the Seocho-gu Seoul Metropolitan Government E Park site owned by the Seoul Metropolitan Government is 217.2 square meters (hereinafter “city parks site”). Of the instant park site, the remainder of the instant park site, excluding the Si parks site, is “Gu parks site.”
(4) On June 20, 2006, the Defendant amended the instant project implementation authorization and authorization, approval, report, registration, agreement, examination or consent under each subparagraph of Article 32(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.