개발부담금부과처분취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On May 20, 2010, the Plaintiffs obtained from the Defendant the approval of a project plan pursuant to Article 16 of the former Housing Act (amended by Act No. 11243, Jan. 26, 2012); Article 15 of the former Enforcement Decree of the Housing Act (amended by Presidential Decree No. 2254, Jul. 6, 2010) with respect to the business (hereinafter “instant housing construction project”) that newly constructs urban-type residential housing (total three buildings, complex multi-households, 24 households; hereinafter “instant housing”) on the ground of the instant land.
B. On October 8, 2010, the Plaintiffs filed a report on the removal or destruction of existing structures, which existed in the instant land. On October 29, 2010, the Plaintiffs submitted a report on the commencement of construction on November 2, 2010 and received the report on the commencement of construction on November 2, 2010, and submitted a supervision report on November 20, 2010.
After that, on September 8, 201, the new construction was completed and approved for the use of the building.
C. On the other hand, on November 19, 2010, the Plaintiffs submitted to the Defendant an application for approval of the housing construction project plan (revision) on the ground of changes in design, such as the extension of neighborhood living facilities and toilets in the instant housing.
Accordingly, in light of the fact that Article 15 of the Enforcement Decree of the Housing Act (amended by Presidential Decree No. 22254, Jul. 6, 2010; Presidential Decree No. 30 households of less than 30 households are subject to the application of the Building Act other than the Housing Act, the Defendant deemed that the Plaintiffs requested cancellation of the approval for the existing housing construction project plan, and on December 6, 2010, the Defendant made a modified permission pursuant to the Building Act, not the modification of the housing construction plan, with the purpose of the instant housing as a neighborhood living facility and multi-household housing.
On August 9, 2012, Article 5(1) of the former Restitution of Development Gains Act (amended by Act No. 12245, Jan. 14, 2014; hereinafter “Development Gains Restitution Act”).