개발부담금부과처분취소
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The contents of this part of the disposition are as follows: (a) the reasoning of the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance; and (b) such part is cited pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion is similar to the land category, utilization status, road adjoining area, surrounding environment, etc. of the instant case, the land E-gu, Dong-gu, Chungcheongnam-gu, Seoul (hereinafter “the instant non-intersection 2”) or the land D (hereinafter “non-section 3”) in Yannam-gu, Chungcheongnam-gu, Seoul (hereinafter “the instant non-section 3”) to the land use status.
Therefore, the disposition of this case, based on the comparative standard of this case, for which the development charges are more excessive, is unlawful.
(The plaintiff set the comparison standard of comparison that can substitute the comparison standard of this case to the appellate court as above, unlike the first instance court. (B)
It is as shown in the attached Form of the relevant statutes.
(c) Determination 1) Nos. 1, 2, 3, 6, and 7 (including, if any, branch numbers; hereinafter the same shall apply) do not conflict between the parties to the facts of recognition;
(A) The location of the land of this case, the comparison standard paper of this case (the defendant's presentation standard) and the 2 and 3 non-standard paper of this case (the plaintiff's presentation standard paper) are as follows:
The entry in the astronomical seat of a separate location shall be omitted.
In the case of this case, road traffic shape map 8,815 square meters around the land category A, the area of land category and the land of this case, and 8,815 square meters around the specific use area, - commercial (cafeteria) located in the vicinity of the F elementary school, the commercial (cafeteria), the commercial (city), the area of natural green belt, the area of which is located, 1,618 square meters and 748,000 square meters in front of the commercial (gas station) adjacent to the northwest of the commercial (lux), the commercial (lux), the area of the land category and the area of the land of this case, are located in the area of the land of this case, and an elementary school.