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(영문) 수원지방법원 2017.05.17 2016구합67432

개발부담금부과처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

The facts are as follows: (a) on November 28, 201, 201, the Plaintiffs: (b) on November 28, 201; (c) on November 28, 201, 201, the land category of 9,917㎡ E, 4,088С (Plaintiff A) of 990С E; (d) 1,462С of G forest land (hereinafter “1,27, 2015, 27, 201); (c) on November 3, 201, 201, the Plaintiff entered into a contract for land purchase with 1,462С of H forest (hereinafter “1,27, 2015, 201; and (d) 1,462С of forest and forest land (hereinafter “Plaintiff-5, 2015, 365, 15, 2065, 165, 2015).

Plaintiff

B on September 6, 2010, he purchased 3,624 square meters of O,624 square meters of land (hereinafter “instant 2 forest”) from the land of the Republic of Korea among the land of the Republic of Korea.

(A) On November 25, 201, the said forest was divided into 3,521 square meters of O forest and 103 square meters of P forest (No. 1-2, 4), and on January 11, 2012, Plaintiff B sold 103 square meters of the said P forest to Plaintiff A (the date of concluding the sale contract).

(A) On October 28, 201, Plaintiff A obtained permission to engage in development activities for Plaintiff A with respect to the aggregate of 4,857 square meters among the instant forest land and 103 square meters among the instant forest land (4,08 square meters in site, 872 square meters in road) from the head of the Gu, who is the competent office, on October 28, 201, and with respect to the aggregate of 4,960 square meters (4,08 square meters in site, 872 square meters in road) as follows (Article 1-1; hereinafter “instant permission to engage in development activities”). On March 2013, Plaintiff A obtained permission to engage in the development activities for Plaintiff A with respect to the following contents (Article 1-1; hereinafter “instant permission to engage in development activities”). On March 2013, 2013, the land subject to the said permission to engage in the development activities is 3,939 square meters in land E, 103 square meters in forest land, 769 square meters in K.