학교용지부담금부과처분취소 등
1. The Defendant’s imposition of charges for school site amounting to KRW 2,441,937,88 on July 1, 2014 shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff is the Housing Redevelopment Project Association established to implement a housing redevelopment project (hereinafter “instant project”) with the size of 339-67 square meters and 100,666.39 square meters in Seongdong-gu Seoul Metropolitan Government as a rearrangement project zone (hereinafter “instant project zone”).
B. The Plaintiff obtained an amendment to the management and disposition plan from the Defendant on July 4, 2013. The number of existing households in the instant project zone is 1,775, and the number of households supplied after the implementation of the project is 1,702.
C. On July 1, 2014, pursuant to Article 5 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015; hereinafter “former School Sites Act”), the Defendant imposed charges on the Plaintiff for KRW 2,441,937,88 (i.e., the sale amount of KRW 305,242,235,938 x imposition rate of KRW 0.8%) on the Plaintiff on the ground that 513 households among the 607 households of general sale are subject to imposition.
(hereinafter “instant disposition”) D.
On the other hand, on April 24, 2014, the Constitutional Court decided that Article 5 (1) 5 of the Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015) concerning "housing redevelopment project" under Article 2 subparagraph 2 (b) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter "the legal provision of this case") is inconsistent with the Constitution, and ordered the continuation of the application of the legal provision of this case (the time limit for the improvement of legislation: December 31, 2014).
(The Constitutional Court Order 2013Hun-Ga28 Decided April 24, 2014; hereinafter “Unconformity with the Constitution of the Republic of Korea”). 1. Establishment and extension of schools in order to meet the short-term demand for school attendance formed in an area where the development project is being implemented is intended to secure infrastructure in the development area. Therefore, imposing school site charges on the operator of the development project to appropriate the finances is to secure the above school facilities.