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(영문) 수원지방법원 2019.06.13 2018구합2057

개발부담금부과처분취소

Text

1. The Defendant on August 22, 2018

Plaintiff

impose development charges of KRW 56,427,200 on A and D;

B. The plaintiff.

Reasons

Details of the disposition

As to the land located in Gwangju City Fri-ri (hereinafter above Fri-ri land is specified only as a lot number) 9,524 square meters of forest land E, including permission for the development of share owners with respect to E 9,524 square meters of forest land in Gwangju-si, Gwangju-si, Gwangju-si, and subsequent permission for the co-owned property partition, the land located in the above Fri-ri-si was subject to permission for the development activities under the National Land Planning and Utilization Act on April 30, 2012, including the plaintiffs, and 11 persons, including the plaintiffs (hereinafter referred to as "Plaintiffs, etc.")

This is to obtain permission for development activities by making part of each individual E as a site for the construction of detached houses, etc.

(8) The case was solely applied for, and three cases were jointly applied for. The total area of the site subject to permission for each development activity is 9,816 square meters including H included in the permission for G.

Before subdivision, 14 lots, such as 807 square meters of I forest, J forest, 474 square meters, 564 square meters of K forest, and 24 square meters of L forest, were divided into 9,524 square meters of land before subdivision, and 592 square meters of land in E forest were left after subdivision.

After June 27, 2012, I and J forests were owned by the Plaintiff A and D for co-ownership (per 1/2 shares), and the Plaintiff B for K forest and land and E for E after division, due to co-owned property partition on July 2, 2012.

On August 10, 2012, the building report on the Plaintiff A and D’s first ground detached house was accepted on August 10, 2012, and on December 26, 2013, the approval for use of the said detached house was completed.

In addition, the category of the I Forest land was changed to the "Large" on January 3, 2014, and the J Forest was changed to the "Road" on the same day.

Plaintiff

On August 10, 2012, the building report on K-based detached housing was accepted on August 10, 2012, and on March 14, 2016, the approval for use of the said detached housing was completed, and on April 12, 2017, the category of K forest was changed to “the building site”.

Plaintiff

After the division of C, the building report on the E-ground detached housing was accepted on August 10, 2012, and the approval for use of the above detached housing was completed on July 2, 2014, and the E forest after the division was completed. < Amended by Presidential Decree No. 25548, Sep. 17, 2014>