학교용지부담금부과처분취소
1. On July 9, 2014, the Defendant revoked the imposition of charges for school site of KRW 113,962,290 against the Plaintiff.
2...
1. Details of the disposition;
A. The Plaintiff was authorized to establish a reconstruction association established with the project implementation district of 16,628 square meters (hereinafter “instant project area”) located in Myeon-dong 1447, Jung-gu, Seoul, Jung-gu, Seoul, as the reconstruction association established with the project implementation district, and on October 30, 2007, by the Defendant.
B. On August 14, 2008, the Plaintiff obtained authorization for the implementation of a housing reconstruction project for Myeon tree 2 housing (hereinafter “instant project”) from the Defendant, and obtained authorization for the implementation of the project on May 17, 201 by changing the number of supplied households to 265 households on May 17, 2011.
C. On May 3, 2012, the Plaintiff obtained an approval for the management and disposal plan from the Defendant to newly build 156 households in lots, 100 households in general, and 9 households in small houses on April 5, 2013. On May 7, 2013, the Plaintiff obtained an approval for the public announcement of the recruitment of occupants by obtaining the approval for the public announcement of the recruitment of 100 households in general from the Defendant.
The defendant calculated charges for school site based on 100 households sold to the plaintiff under Articles 5 (1) and 5-2 of the former Act on Special Cases concerning the Securing, etc. of School Sites (Amended by Act No. 13006, Jan. 20, 2015; hereinafter referred to as the "former School Sites Act") and imposed charges for school site for 5,037,10 won for the first sale (14 households) on September 16, 2013; 31,915,860 won for second sale (8 households); 31,915, 860 won for the second sale (39 households); 30,105,105,350 won for the third sale (39 households); 40,967,969,79,79,46, and 96,46,50,000 won for each school site [excluding charges for the third sale (39 households); 40,946,94,946, etc.
(hereinafter referred to as "instant disposition") e.g., the disposition of imposition as of July 9, 2014.
On the other hand, the Constitutional Court on the other hand.