개발부담금부과처분 취소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. On June 25, 2012, Plaintiff A obtained from the Defendant, on June 25, 2012, an approval from the Defendant for the new construction of a factory for the purpose of building a factory site of 5,064 square meters (a factory site of 4,99 square meters and 65 square meters; hereinafter “instant one land”). On July 17, 2013, Plaintiff A completed the construction of the instant land as the factory site, and completed an inspection on the completion of development activities under Article 62 of the National Land Planning and Utilization Act, and obtained approval for the use of a building on the instant one’s land.
B. On June 25, 2012, Plaintiff B obtained an approval from the Defendant for the new construction of a factory for the purpose of building a factory site on the instant land and the instant two land, including the instant land and the instant land, for the purpose of building the factory site. On July 17, 2013, Plaintiff B completed construction of the instant land as the factory site, and completed an inspection on the completion of development activities under Article 62 of the National Land Planning and Utilization Act, and obtained approval for the use of a building on the instant land that was newly constructed on the instant land 2 on August 7, 2013.
C. On December 31, 2013, the Defendant deemed that construction of the site for each of the instant lands was subject to development charges under Article 5 of the former Restitution of Development Gains Act (amended by Act No. 1245, Jan. 14, 2014; hereinafter “former Restitution of Development Gains Act”), and imposed development charges of KRW 183,025,550 on Plaintiff A and KRW 32,109,670 on Plaintiff B, respectively (hereinafter “instant disposition”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including paper numbers), the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiffs' assertion ① In the course of raising the land of this case, where the land of this case was buried in each of the land of this case, the defendant did not recognize it, but cut the ground.