개발부담금부과처분취소
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 13, 2016, the Plaintiff obtained permission to engage in development activities from the Defendant for the purpose of building a Class II neighborhood living facility (office) and a road site in accordance with the National Land Planning and Utilization Act with respect to each land of 2,962 square meters among the respective land of 1,964 square meters in Gwangju-si, Gwangju-si, Category C, 2,565 square meters in size, Category D, 357 square meters in size, E, and 863 square meters in size (hereinafter “B”).
B. On the other hand, on April 7, 2016, among the land before the instant partition, 36 square meters of B’s land was divided into F land, 107 square meters of D’s land, and 24 square meters of land, G, H land, and 230 square meters of E’s land, respectively.
[hereinafter] The “instant land” in total, including land C and each of the above partitioned lands (F, G, H, and I) (the total area of the instant land is 2,962 square meters, and is consistent with the area of the land subject to the said permission for development activities.
[C] .
On July 27, 2016, the Plaintiff completed development activities upon obtaining approval for the use of buildings on C, F, and G among the instant land (hereinafter “instant site”). The land developed as a road site, other H and I, except the instant site, among the instant land, was the land that was developed as a road site and completed development activities upon obtaining approval for the use of the instant road.
On February 1, 2018, the Defendant imposed development charges of KRW 64,082,860 on the Plaintiff (hereinafter “instant disposition”). The details of calculation of the said development charges are as follows:
(1) The amount of development charges (i) 859,343,943 ( July 27, 2016) 859,343,943; and (ii) 2,227,238,672 development costs at the starting point of the deduction amount ( January 13, 2016) 2,286,138 small 603,012,4963 (i) - (ii) 256,331,4474 development gains (i) 64,082,860) - 860
E. In calculating the land price at the time of completion for the instant disposition, the Defendant calculated the land price as of January 1, 2016 for the instant disposition, and the officially assessed individual land price as of January 1, 2016 is KRW 307,400 per square meter, and January 1, 2016 of the instant road.