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(영문) 수원고등법원 2020.02.12 2019누11015

개발부담금부과처분취소

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

(a) Permission for development activities of owners of shares as to C, etc. before division and the table 1 annexed hereto;

1. As indicated in the record, 14 holders, etc. of share in C, 9,524 square meters of forest land in Gwangju-si, Gwangju-si, Gwangju-si (hereinafter “Dri”) prior to subdivision, were entitled to permission for development activities as prescribed by Article 56(1) of the former National Land Planning and Utilization Act, by specifying the location of 292 square meters of land among C, 9,524 square meters of forest land and 1,136 square meters of forest land before subdivision and 292 square meters of land among H,136 square meters of forest land before subdivision (i.e., 9,524 square meters of land; hereinafter “instant land”) and obtaining permission for development activities as prescribed by Article 56(1) of the same Act.

2) In the pre-division C, 14 lots, including 521 square meters of I forest land and 521 square meters of J forest land and 683 square meters, were partitioned on June 19, 2012, and on June 27, 2012, 521 square meters of I forest land were F’s sole ownership, and 683 square meters of J forest and 683 square meters of land were owned by G (the location of each land after division).

2. The same as the cadastral map;

B. B. On August 10, 2012, Plaintiff B’s acquisition of the Plaintiff B’s ownership and approval for the use of the K Building LA) F filed a building report on a detached house on the I’s ground with the Defendant on August 10, 2012.

Plaintiff

B purchased I from F on September 18, 2015, and completed the registration of ownership transfer of the said land on November 5, 2015, and became the owner of the said detached house on November 25, 2015, and was changed to a multi-family housing (multi-household housing and nine households) building permit on December 29, 2015.

2) Plaintiff B newly built a multi-household house called “K building Ldong” on the ground of I, and obtained approval for use on December 16, 2016, and the category of I forest land was changed to 521 square meters on December 22, 2016. C. Plaintiff A’s acquisition of ownership and approval for use of the Ndong of K building 1) G filed a building report on the ground of J on August 1, 2012 with the Defendant on the ground of J, and on September 24, 2015, the said building permission was modified to the building permission for multi-family housing (multi-household housing).

M shall purchase J from G on August 14, 2015, and complete the registration of transfer of ownership of the above land on October 1, 2015.