학교용지부담금부과처분취소
1. Of the instant lawsuit, the part of the Defendant’s claim against the Plaintiff for revocation of the disposition of real estate seizure, which was made on December 19, 2016.
Details of the disposition
On January 19, 2016, the Plaintiff obtained approval for a housing construction project (the business period: from February 2016 to December 2012, 2018; hereinafter “instant project”) with the content that multi-family housing of 509 households and 150 rooms of officetels is constructed and supplied in the business area (hereinafter “instant business area”) located outside Jeju-si and four lots (the site area: 9,446 square meters) from the Defendant.
On November 18, 2015, the Defendant notified the Plaintiff of “related legal consultation reply in accordance with an application for approval on the housing construction project.”
Of them, the item of "charges for School Site" states that "I will submit to the urban regeneration department of the original city within 30 days from the date of entering into a contract for sale and supply of land for school site under Article 5-2 of the former Enforcement Decree of the School Site Act (amended by Presidential Decree No. 28295, Sep. 19, 2017) for the imposition of charges for school site pursuant to Article 2 subparagraph 2 and Article 5 (1) of the former Act on Special Cases Concerning the Acquisition, etc. of School Site (amended by Act No. 14604, Mar. 21, 2017; hereinafter "School Site Act")."
On April 4, 2016, the Plaintiff requested the Defendant to exempt the payment of charges for school sites imposed on the instant project pursuant to Article 5(4) of the School Sites Act.
On May 10, 2016, the Defendant sent a reply to the Plaintiff to the effect that the payment of the school site charge is not exempted as follows, and thereafter sent a reply to the Plaintiff’s re-request on June 3, 2016 and July 4, 2016.
The response of May 10, 2016 (Evidence 3-2 of the Evidence A) The request for review as to whether the payment of charges for C Apartment School Site is exempted.
B. Although the number of schoolchildren in the last three years of D Elementary Schools, E Elementary Schools, F Elementary Schools, and nearby middle schools in the vicinity of B Day, which are currently being developed projects, the F Elementary Schools (Local Finance Ministry of Education-6892 ( December 28, 2015), G Schools is to be established, and H High Schools.