개발부담금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. B owned the land of 3,170 square meters, D 1,256 square meters, E 1,712 square meters, and F land located between D and E was owned by G.
(C) On March 2, 2012, the instant D land was combined with C land, and on September 23, 2013, the name of the administrative district was changed to “Yi-gun,” “Yi-gun, I-dong,” and “I-dong, I-dong,” respectively. (b)
B obtained permission from the Defendant on June 4, 2009 for the purpose of creating a site for neighborhood living facilities and multi-household housing in the land level C through E.
C. On September 20, 201, the Plaintiff, J, and K entered into a sales contract with G for F 3,209 square meters of land (hereinafter “instant land”) at KRW 1.8 billion. On December 29, 201, J completed the registration of transfer of shares for 963/209 of the instant land.
The Plaintiff, J, and B obtained permission to alter development activities for the purpose of creating a site for a neighborhood living facility with respect to land for 9,95 square meters outside C and 16 square meters on January 10, 2012.
(hereinafter “instant development activities”). (e)
On May 4, 2012, the Plaintiff completed a share transfer registration with respect to 2,246/3,209 of the instant land.
F. After completing the instant development activity, the Plaintiff, J, and B completed the instant development activity on April 19, 2013 and seven parcels, the Plaintiff underwent a completion inspection on the development activity on May 16, 2013 and two parcels, respectively.
G. On January 24, 2014, the Defendant imposed development charges of KRW 213,89,000 on the Plaintiff regarding the development project (hereinafter “instant disposition”), and the details of the calculation are as follows.
(1) Land price at the time of completion: 4,771,265,448 won. (2) Land price at the time of commencement: 790,012,171 won: (3) Development costs: 594,642,129 won: 4: 215,522,551 won: Development gains: 3,171,08,597 won: 792, 792, 572, B575,52,52,00 won, and 213,89,000 won, J3,321,00 won.
H. On April 23, 2014, the Plaintiff filed an administrative appeal with the Central Land Expropriation Committee, but was dismissed on July 16, 2015.
[Reasons for Recognition]