개발부담금부과처분 무효확인 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On November 14, 2007, the Plaintiff, which was subject to prior development charges, obtained approval from the Defendant for the housing construction project plan for the said apartment (hereinafter “instant first apartment”) on the construction of C apartment with a total floor area of 183,989,457 square meters (hereinafter “instant apartment”). On June 6, 2010, the Plaintiff obtained approval from the Defendant for each building for the said apartment.
(A) On May 12, 2011, the Defendant imposed development charges of KRW 29,04,693,100 on the instant project (Evidence A3; hereinafter “instant prior disposition”) on the Plaintiff. On July 11, 2011, the Plaintiff filed an administrative appeal seeking the revocation of the instant prior disposition.
On January 13, 2012, the Central Land Tribunal donated 8 infrastructure facilities (including direct installation costs and entrusted construction costs) at the time of permitting 73,383,069,50 won (including installation costs and entrusted construction costs) in total to be borne by the Plaintiff in accordance with the conditions of approval for the project set forth in the above 1 project, and additionally planned to contribute one river (river L; hereinafter “river”) at the time of permitting 1 river (including river L; hereinafter “river”). However, the Defendant was unfair to exclude the installation costs of the above infrastructure from the development costs, on the ground that “the development costs should be determined by examining the amount of infrastructure charges publicly notified and the amount of the donated land, etc.”
On February 16, 2012, the Defendant re-calculated the amount of development charges in accordance with the purport of the first ruling, and changed the amount of development charges in the preceding disposition to KRW 3,717,379,800 on February 16, 2012. On August 16, 2012, the Defendant recognized the amount of development charges as development costs and changed the amount of development charges to KRW 3,489,516,800, and on November 22, 2012.