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(영문) 수원지방법원 2014.10.08 2013구합15881

개발부담금부과처분취소

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1. The Defendant’s imposition of development charges of KRW 81,362,970 against the Plaintiffs on September 10, 2013 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. On April 12, 2011, the wife population D 27,761 square meters of land was divided into D forest 13,880 square meters, E, and F land, which was owned by Nonparty C before the partition. The said divided land was divided into D forest 920 square meters, G forest 562 square meters, and H or I land on November 1, 201, and thereafter, D forest 920 square meters was divided into D forest 91 square meters on December 1, 201 and J forest 8 square meters on December 24, 2011. Meanwhile, on October 24, 2012, the said D forest 562 square meters divided into D forest 920 square meters and forest 281 square meters, respectively.

B. On October 14, 201, Nonparty L obtained a building permit (development act and permission for mountainous district conversion) with respect to a Class II neighborhood living facilities (office), building area, and one-story building with a total floor area of 140.80 square meters on the above D forest land on the ground of 920 square meters from the Defendant on October 14, 201. Nonparty M completed a registration of transfer of ownership with respect to the said D forest 920 square meters in its name on November 16, 201, and the Plaintiffs completed a registration of transfer of ownership with respect to the said D forest 920 square meters from the aforementioned D forest 920 square meters (hereinafter “instant development land before division”). On December 9, 2011, Nonparty M completed the registration of transfer of ownership with respect to the D forest 91 square meters divided on December 1, 2011.

3) L succeeds to the status of its owner (project owner) on February 3, 2012 to the Plaintiffs, and alters the site area into 911 square meters (hereinafter “D forest land”), L is entitled to the instant development land.

(4) The Plaintiffs entered into a contract for construction works with N around February 2012, and obtained approval for the use of a building on March 15, 2013, and the land category of the instant development land was changed to a site on March 21, 2013.

5) On April 12, 2013, the Plaintiffs registered the preservation of ownership in the name of the Plaintiffs on the building constructed on the instant development land. C.O. and M development project 1)