개발부담금부과처분취소
1. The Defendant’s disposition of imposing development charges of KRW 6,956,118,690 against the Plaintiff on November 14, 2016 is revoked.
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1. Details of the disposition;
A. On July 25, 2011, the Plaintiff purchased land, buildings, etc. indicated in attached Table 1, including 87,341 square meters, from the Chang-si, Chang-gu, Chang-si, Seoul. On December 20, 2012, the Plaintiff obtained approval for a housing construction project (hereinafter “instant housing construction project”) with a total floor area of “282,428.2394 square meters”, “19 Dong/7 Dong”, “19 Dong/Dong”, and “1,822 household units” as “the instant land”).
Since then, the Plaintiff completed the instant housing construction project on the instant land, and obtained approval for the use of the relevant apartment on October 23, 2015.
B. On November 14, 2016, the Defendant determined and imposed development charges of KRW 6,956,118,690 on the development gains accrued on the instant land due to the instant housing construction project on the ground that the instant housing construction project is subject to imposition of development charges under Article 5(1)1 of the former Restitution of Development Gains Act (Amended by Act No. 12245, Jan. 14, 2014; hereinafter the same shall apply) and Article 4(1) [Attachment 1] of the Enforcement Decree of the Restitution of Development Gains Act (Amended by Presidential Decree No. 25452, Jul. 14, 2014; hereinafter the same shall apply) on the ground that the instant housing construction project is subject to imposition of development charges under subparagraph 1 of [Attachment 1] and the prior review before notification, etc. as listed below:
hereinafter referred to as "disposition of this case"
(a) A B
C. On January 12, 2017, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Land Expropriation Committee. However, the Central Land Expropriation Committee dismissed it on August 24, 2017.
[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 2, 4, 5, 8, 12, Eul evidence Nos. 7 and 23 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Attached Form 2 of the relevant Acts and subordinate statutes;
3. Whether the instant disposition is lawful
A. The gist of the Plaintiff’s assertion is that the disposition of this case is unlawful since there is no ground for disposition as follows.
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