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(영문) 수원지방법원 2018.07.12 2018구합63434

개발부담금부과취소

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. On April 5, 2013, the field B 3,769 square meters in Gwangju-si was divided into B 1,97 square meters and C 1,772 square meters in size (hereinafter “the land before the instant partition”).

After that, on July 12, 2013, the instant land was divided into D on July 12, 2013 into 51 square meters, and on November 27, 2013, 59 square meters was divided into E, and the area of the land before the instant subdivision was 1,662 square meters.

B. From April 11, 2013, F, who was the Plaintiff, owned the instant land solely before the instant partition.

C. On June 12, 2014, F obtained permission for development activities (No. 2-1, No. 2-1, No. 1-1) with a size of 654 square meters for the purpose of creating a factory site in part of one piece of land, other than the land before the instant subdivision, and the Plaintiff obtained permission for development activities with a size of 660 square meters for the purpose of creating a factory site in part of the land before the instant subdivision, on November 20, 2014 (A evidence No. 2-2, and No. 1-3).

On the other hand, F made a report on the construction of Class II neighborhood living facilities (manufacturing Facility-Agricultural Products) on the land prior to the instant partition with the building area and the total floor area of 160.325 square meters, and the site area of 386 square meters, and the report was accepted on June 23, 2015.

(No. 1-5) d.

On March 30, 2015, the instant land before the instant partition was divided into: ① G 590 square meters (hereinafter “instant land”); ② H 660 square meters (hereinafter “instant land”); and ② H 2 square meters on August 5, 2015, the instant land was divided into the said 1; and ③ 412 square meters (hereinafter “instant third land”) were divided into the said 26 square meters on August 3, 2015; and thereafter, on August 3, 2015, the instant land was divided into the said 26 square meters.

The Plaintiff purchased the instant land No. 2 from F on April 27, 2015 and completed the registration of ownership transfer thereof on May 1, 2015.

E. The plaintiff and F.C.

As stated below, the development project is implemented with permission for development activities, and the development project is completed with approval for use of buildings as stated below, and the land category of each of the instant land is "the answer".