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(영문) 수원지방법원 2017.12.19 2017구합66924

개발부담금부과처분취소

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1. The Defendant’s disposition imposing development charges of KRW 191,176,230 against the Plaintiff on June 12, 2017 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On October 27, 2015, the Plaintiff completed the registration of transfer of ownership based on a voluntary auction under his/her name with respect to the land of 1,613 square meters in Yeongdeungpo-gu, Young-gu. The Plaintiff was divided into C on February 18, 2016.

(hereinafter referred to as “each of the instant lands”) B.

On March 11, 2016, D, the Plaintiff’s spouse, obtained approval for the following business plans (hereinafter “instant business”) pursuant to Article 33 of the former Support for Small and Medium Enterprise Establishment Act (amended by Act No. 15139, Nov. 28, 2017) and Article 22 of the Enforcement Decree of the same Act (hereinafter “former Small and Medium Enterprise Establishment Act”) from the Defendant. Accordingly, the permission for development activities (including 1,613 square meters for a road site) under Article 56(1) of the National Land Planning and Utilization Act was deemed to have been deemed to have been granted.

The name of a company of the kind/representative E/D approval location, each specific use area (land category), natural green-belt, growth management zone (classification number) of each land of this case, and other manufacturing businesses of timber households (land size 32029), size 1,586, manufacturing facilities 250

C. D) On March 28, 2016, on each of the instant lands, D obtained a building permit for the construction of a Class 2 neighborhood living facility (manufacturing Facility) of the general steel structure of the first floor on the ground, the site area of which is 1,586 square meters on each of the instant lands, from the head of Yeongdeungpo-si. On July 4, 2016, D completed the construction of the following buildings (hereinafter “instant building”) and obtained approval for use.

The building area of 1,586 square meters and the total floor area of 285.7 square meters and 285.7 square meters and the building-to-land ratio of 18.01% floor area of 18.01% and the number of the second-class neighborhood living facilities (manufacturing facilities) / the number of floors of the second-class neighborhood living facilities (manufacturing

D. Since June 12, 2017, the Defendant imposed development charges of KRW 191,176,230 on the Plaintiff as follows:

(2) The land price as at the starting point of the extension shall be 484,416,225 as at the starting point of the extension of the land price at the end of the 1,319,776,063, July 4, 2016. < Amended by Presidential Decree No. 27113, Mar. 28, 2016>