Law Firm Na, Attorney Lee In-bok

[Defendant, Appellant]

1. The Mayor of Sejong Special Self-Governing City;

Law Firm LLC (LLC) LLC

[Defendant-Appellee]

2. Sejong Self-Governing City:

2. The costs of lawsuit shall be borne by the Plaintiff.

Upon revocation of the disposition of imposition of the Council Member, and Sejong Special Self-Governing City shall be 486, 511, 650 won to the Plaintiff and its equivalent.

From September 11, 2013 to the rendering of this judgment, 5% per annum for the period from September 11, 2013 to the date of full payment.

shall pay 20% interest per annum to each of the 20% interest.

A. The Plaintiff: (a) Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for the former New Administrative Capital (Amended by Act No. 12754, Jun. 11, 2014; hereinafter “Special Act on the Construction of New Administrative Capital”);

Pursuant to Article 18 of the Act, a project implementer for the construction of a multifunctional administrative city (hereinafter referred to as the "project in this case") was designated.

B. The Plaintiff obtained approval from the Administrator of the Multifunctional Administrative City for the implementation plan of the instant project, and supplied land created under the said implementation plan as a single housing site within one living zone.

C. The head of Sejong Special Self-Governing City shall be the Plaintiff on May 20, 2013, and the Plaintiff shall be the actual user of the multifunctional administrative city supplied by the Plaintiff as of April 11, 2013, from April 29, 2013 to May 5 of the same year, out of 384 parcels for detached housing.

2. On the basis of Articles 5 and 5-2 of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “Special Cases Act”) for one hundred and twenty-three parcels (the contract price of KRW 35,103,831,70) for which the contract was concluded, a charge of KRW 491,453,60 was imposed, but the amount was reduced or corrected as KRW 486,51,650 on August 26, 2013 (hereinafter “instant disposition”) and the Plaintiff paid KRW 486,51,650 on September 10, 2013, the Plaintiff paid KRW 486,51,650 to Defendant Sejong Special Self-Governing City.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion

The statutory interpretation that forms the basis for the imposition of charges for school sites shall be strict and shall not be extensively interpreted or analogical interpretation. Development projects subject to the Act on Special Cases concerning School Sites are projects implemented according to the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, the Industrial Sites and Development Act (hereinafter referred to as the "Building Act, etc.") and projects implemented pursuant to the Act on Special Cases concerning New Administrative Capital are not included in projects implemented pursuant to the Act on Special Cases concerning New Administrative Capital.

The instant disposition against which the charges for school sites under the Act on Special Cases concerning School Sites were imposed on the instant project implemented under the Act is unlawful.

(b) Related statutes;

As shown in the attached Form.

C. Determination

In full view of the following circumstances, projects subject to the imposition of school site charges under the Act on Special Cases concerning the Settlement of School Sites include projects which are deemed to have the authorization, permission, etc. under the Building Act, etc. in accordance with the Special Act on New Administrative Capital.

1) The purpose of the Special Act on New Administrative Capital is to strengthen national balanced development and national competitiveness by prescribing the methods and procedures for the construction of a multifunctional administrative city in order to correct the side effects caused by excessive concentration in the Seoul Metropolitan area. It is to secure infrastructure in the development area to meet the demand for school attendance formed in a short period. The imposition of school site charges on the operator of the development project to meet the said finances in the Special Act on Special Cases on the School Sites was caused by the operator of the development project (see Constitutional Court Order 2011Hun-Ga32, Jul. 25, 2013).

3) Article 5(1) of the Act on Special Cases concerning the Construction of Multifunctional Administrative City under the Special Act on New Administrative Capital lists exceptional cases in which charges for school sites cannot be imposed and collected under each subparagraph, but does not seem to include a construction project for multifunctional administrative city under the Special Act on

4) The Building Act is a law that regulates the standards for the site, structure, equipment, use, etc. of a building (see Article 1 of the Building Act). The Housing Act provides for matters concerning the construction, supply, and management of housing, and the raising, operation, etc. of funds therefor (see Article 1 of the Housing Act). The Housing Site Development Promotion Act is a law that provides special cases concerning the acquisition, development, supply, and management, etc. of housing sites necessary for housing construction (see Article 1 of the Housing Site Development Promotion Act) and has the character of a general law, and is not a law that regulates only specific projects. Therefore, even if the Act on Special Cases concerning School Sites prescribes only development projects under the Building Act, etc. as the subject of the charge for school sites, such development projects should not be limited limited.

5) According to Article 22 of the Special Act on the New Administrative Capital, when an implementation plan is approved, the authorization, permission, etc. determined by the Building Act, etc. shall be deemed granted. In approving an implementation plan, the Administrator shall consult with the head of the relevant administrative agency in advance, if there is any matter falling under any of the subparagraphs of paragraph (1). According to the above provision, the project under the Special Act on the New Administrative Capital has undergone an examination by the administrative agency on the requirements prescribed by the Building Act, etc., and the relevant

16) The Special Act on New Administrative Capital provides that "The area designated and publicly notified as a prearranged area under Article 13 shall be deemed determined, designated, and publicly notified as an urban area under the National Land Planning and Utilization Act and an urban development zone under the Urban Development Act", Article 18 of the same Act provides that "the project implementer of an urban development project shall be deemed an implementer of an urban development project designated under the Urban Development Act", Article 20 of the same Act shall be deemed as a development plan established under the Urban Development Act, Article 23 of the same Act shall apply mutatis mutandis to the redemption of costs and installation of electricity, telecommunications, gas, and district heating facilities, and Article 24 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects except as otherwise provided for in this Act, and Article 25 of the same Act shall apply mutatis mutandis to the expropriation of land, etc. created by an urban development project."

Therefore, the instant project constitutes a development project prescribed by the Act on Special Cases concerning School Sites as subject to the imposition of school site charges. The imposition of school site charges under the Act on Special Cases concerning School Sites for the instant project by the Mayor of Sejong Special Self-Governing City is lawful in accordance with the aforementioned interpretation. The Defendant Sejong Special Self-Governing City is not obligated to refund the said school site charges to the Plaintiff.

3. Conclusion

If so, the plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

Judges Lee Dong-young

Judges Kang Young-young