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(영문) 광주고등법원 2015.04.16 2014누6899

개발부담금부과처분취소

Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in Article 8 (2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance (including relevant statutes) is the same as that of the judgment of the court of first instance except for dismissal or addition as stated in the following 2.

2. The phrase “each of the above land” in Section 12 of Chapter 2 of the judgment of the court of first instance, which is isolated or added, shall be deemed to read “each of the above forests and fields”.

Part 6, Nos. 1 and 2 of the judgment of the first instance court was used as a comparative standard for calculating the officially assessed individual land price of the non-party land, etc. from 2007 to the date of the calculation of the officially assessed individual land price of the non-party land. The instant L land was excluded from the comparative standard land as of January 1, 2014 on the ground of the adjustment of distribution density

"Ero-friendly".

No. 8, No. 19 and No. 20 of the judgment of the first instance court. The defendant asserts that among the lands of this case, the land of this case, the land of this case is similar to the land of this case, but there is a substantial difference with the land of this case, and the land of this case is located in the part partitioned into the same block as the land of this case, and the land of this case is continued as commercial buildings, etc., while the land of this case is located in this case as well as the land of this case, the land of this case cannot be seen as having the same status of use as it is located in the land of this case. Thus, it is argued that the land of this case, among the lands of this case, the part of non-party 613 square meters of non-party 2 of the land of this case, which is the second-class residential area, and 1,357 square meters of the land of this case, which is a standard for calculating development charges of 1,970 square meters of the land of this case.