학교용지부담금부과처분취소
1. The Defendant’s imposition of KRW 2,542,20,000 against the Plaintiff on December 18, 2018 shall be revoked.
2.
1. Details of the disposition;
A. The Plaintiff is implementing a housing reconstruction project (hereinafter “instant project”) that constructs and supplies multi-family housing of a total of 2,562 households within a business area with B 96,279 square meters in Dong Government-si (hereinafter “instant business area”).
B. After completing the sale of the general unit units of apartment units newly built as the instant project, the Plaintiff submitted to the Defendant the sales data, such as the contractor for the sale in lots and the details of the contract for the sale in lots, on December 2018.
C. On December 18, 2018, the Defendant imposed a charge of KRW 2,542,200,000 on the Plaintiff, calculated by 8/100 of the selling price of multi-family housing by household pursuant to Article 5(1) of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “School Sites Act”).
(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 1 through 6, the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The number of students in the vicinity of the Dong-dong, the Dong-si, the Dong-si, where the Plaintiff asserted the instant project is located is continuously decreasing, and students expected to be increased due to the instant project are able to be accommodated in neighboring schools. Therefore, there is no demand to establish or extend a school as the instant project is not required.
Therefore, the instant disposition was unlawful by abusing discretion.
(b) as shown in the attached Form of the relevant statutes;
C. 1) The term “charges for school sites” in the school site charges system means expenses to be collected by the Mayor/Do Governor for development projects in order to procure school sites or to extend schools in close vicinity where procuring school sites is impossible (Article 2 subparag. 3 of the School Sites Act). The charges for school sites are the demand for public facilities increased due to construction exceeding a certain size.