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(영문) 수원지방법원 2016.10.12 2016구합64822

개발부담금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. (1) On September 24, 2012, the Plaintiff: (a) on the ground of 22,866 square meters in total among the size A, B, C, and D from the Defendant on September 24, 2012, the Plaintiff is a factory related to the storage of the building area of 3,725 square meters and the manufacturing of plastic products for sanitary use (hereinafter “instant factory”).

A) A person who has obtained approval for factory construction to newly establish a factory, and accordingly, pursuant to Article 13-2 of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 13782, Jan. 19, 2016), he/she is deemed to have obtained permission for the development of a factory site with respect to 19,658§³ (18,935§³ in the above land, and 723§³ in a road) among the above land. On July, 201, the current status, roads, and road sites (3,931С in a permitted site) shall be divided, changed, and a lot number shall be used for public use, and a facility that interferes with passage shall not be installed. In order to maintain the function of a road, if packaging is conducted on a auxiliary device with a height of at least 20 cm, a concrete package with a thickness of at least 20 cm or a container with a thickness of at least 10 cm shall be installed after completion of construction, and the Defendant shall inform the land classification and change of the adjacent facilities [2].

B. 1) On November 21, 2012, B site B was converted into 12,187 square meters for E farm site on November 21, 2012. On the same day, the said E farm site was divided into 8,761 square meters for E farm site, 401 square meters for F farm site, 917 square meters for G farm site, 1,400 square meters for H farm site, and 708 square meters for I farm site on March 21, 2013.