개발부담금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On July 12, 2013, C, the representative of B, obtained approval for factory construction, which is a type of business “a cut processing and similar disposal business,” with respect to land of which the size size D, E, F, and site area is 5,563 square meters at the location of the Defendant.
B. On March 20, 2014 with respect to the approval of factory construction, H represented by G, as H on March 20, 2014, established a founder from the Defendant, as the location number of the location I (E is subject to registration conversion and division) and J (D is subject to the registration conversion and division). The area of the site is 2,200 square meters, the type of business is changed into “other motor vehicle parts manufacturing business,” and on April 21, 2014, reported the construction of the above factory (hereinafter “instant factory”).
C. On May 28, 2014, the Plaintiff and K obtained a modified approval for the establishment of a factory on May 28, 2014, changing the H representative into the Plaintiff, K, the seat number I and L (which is divided by J).
On July 17, 2014, the Plaintiff and K received a completion inspection on the construction development of the instant factory site from the Defendant, and obtained approval for the use of the instant factory building on July 25, 2014. The instant factory site was changed to “factory site” on July 28, 2014.
As a result, the development project for site creation (hereinafter “instant development project”) was completed with respect to the I factory site 2,043 square meters and L, factory site 157 square meters (hereinafter “instant land”), which is the instant factory site, at the time of chemicalization.
E. On April 8, 2015, the Defendant imposed and collected development charges of the instant development project on the Plaintiff, K, and the instant land at KRW 59,205,510 on the basis of the officially assessed individual land price of January 1, 2013, based on KRW 63,00 as of January 1, 2013, based on which the land price as of the starting point is calculated as KRW 139,554,972, and the starting point as of July 12, 2013, the first approval date of the establishment.
(f) The Plaintiff is dissatisfied with the instant disposition and filed an administrative appeal on July 8, 2015, but the Central Land Tribunal on July 2016.