개발부담금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Circumstances and basic facts of the disposition;
A. In the event that the Plaintiff purchased from Kimpo-si, Kimpo-si (hereinafter “instant land”), the instant development project was carried out not only on the instant land but also on the adjacent land, and also on the 1st floor factory building (a building area and total floor area: 240 square meters, building-to-land ratio and floor area ratio: 32.26%, respectively; hereinafter “instant factory building”) on the ground of general steel structure.
(B) The part stating “including adjacent development projects” in subparagraph 5(2) and the part stating “A” No. 5’s real estate location, upon obtaining a building permit on June 12, 2013, started construction and obtained approval for use on December 18, 2013. Accordingly, the land category of the instant land was changed from “forest” to “factory site” on December 30, 2013.
B. On March 4, 2015, the Defendant imposed development charges on the Plaintiff (hereinafter “instant disposition”) KRW 32,246,330 on the premise that the starting price of the instant land under Article 8 subparag. 1 of the former Restitution of Development Gains Act (amended by Act No. 13796, Jan. 19, 2016; hereinafter “former Restitution of Development Gains Act”) is KRW 48,735,09, and that the starting price of the instant development project under Article 8 subparag. 3 of the former Restitution of Development Gains Act is KRW 43,896,000.
C. On May 7, 2015, the Plaintiff filed an administrative appeal with the Central Land Expropriation Committee. On March 24, 2016, the Central Land Expropriation Committee rendered an adjudication dismissing the said request for administrative appeal, and the said adjudication dismissing it was sent to the Plaintiff on March 29, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8 through 10, Eul evidence Nos. 1 through 7, 11, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. With respect to the disposition of this case imposing development charges, the Defendant’s summary of the Plaintiff’s assertion shall calculate the land price as of the starting point of the land of this case, and Article 10 of the former Development Gains Refund Act.