개발부담금부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Details of the disposition;
A. On November 25, 2011, the Plaintiff implementing a Bogeumjari Housing Construction Project had obtained approval for the modification of the project plan from the Minister of Land, Transport and Maritime Affairs pursuant to the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Bogeumjari Housing Construction Act”), and completed the sale of the apartment (hereinafter “the instant housing construction project”) with a housing construction project that supplies a public apartment of 51 m2 to 84 m2 with a public apartment of 3 district B1 and B2 m2 51 m2 to 34 m2 m2, and a public apartment of 84 m2 m2 m2 to a public apartment of 3rd district B1 and B2 m2 m2.
B. On January 29, 2013, the Defendant imposed KRW 69,572,000 of the school site charges on the Plaintiff pursuant to Articles 2 and 5 of the Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter “Special Act”), on January 29, 2013, on the imposition of new construction works of B1 block apartment units, and on January 29, 2013, the charges for school site charges were imposed on the Plaintiff, respectively.
(hereinafter referred to as “instant disposition”). 【The ground for recognition” has no dispute, entry in Gap’s Evidence Nos. 1, 2, 3, and 7, and Eul’s Evidence Nos. 1 through 3 (including each number), and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The legal interpretation that serves as the basis for imposing the Plaintiff’s charges for school sites ought to be strict, and an expanded interpretation or analogical interpretation is prohibited.
The Act on Special Cases of School Sites is limited to projects implemented under the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, the Industrial Sites and Development Act (hereinafter referred to as the "Building Act, etc.") which are subject to the imposition of charges for school sites.
Approval of a plan for the Bogeumjari Housing District under Articles 18 and 35 of the former Bogeumjari Housing Construction Act shall be granted or granted.