광역교통시설부담금부과처분취소
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 January 10, 201, the Plaintiff’s urban development project in the Hanwon District District of the Republic of Korea (hereinafter “the urban development project”) with respect to the size of 74,510 square meters in Seowon-dong, Seowon-dong, Kim Jong-si, Do, 901.
(2) On January 27, 201, the Defendant obtained the authorization of the instant urban development project implementation plan from the Defendant on January 27, 201, the composition of a general commercial site, other than a road, park, square, reservoir, and parking lot, among 74,510 square meters in the area of the instant urban development project, is as follows.
85% of the total floor area of a non-high-rise sales facility 10,946 200 main complex facilities 29,321 560 multi-family housing units 85% of the total floor area of the 4,545 3,615 hotel facilities 3,615 440 aggregate of 48,427
B. On March 11, 2011, the Defendant notified the Plaintiff of the imposition of charges of KRW 2,405,227,90 for metropolitan transport facilities and imposed the charges by reducing the said charges to KRW 766,051,00 on December 28, 201 of the same year. On January 25, 2012, the Defendant again issued the instant disposition imposing the said charges by increasing the charges to KRW 1,265,223,00.
[Ground of recognition] Unsatisfy, Eul evidence 2
2. Whether the instant disposition is lawful
A. The instant disposition is unlawful on the grounds delineated below the Plaintiff’s assertion.
(1) Article 11-3(1) and (5) of the Special Act on the Management of Intercity Transport in Metropolitan Areas (hereinafter “Wide-Area Transport Act”) and Article 16-2(2) of the Enforcement Decree of the same Act stipulate only the standard for calculating the floor area ratio in cases where apartment houses or detached houses are constructed within the project area in which the relevant project is implemented. While apartment houses are constructed as in the instant urban development project, there is no provision regarding the floor area ratio in cases where facilities for other purposes ( hotels, hotel facilities, large-scale sales facilities, etc.) are installed together.