학교용지부담금 부과처분 취소 등 청구의 소
1. Of the judgment of the court of first instance, KRW 750,794,650 against the Plaintiff regarding the Defendant Seocheon-si and its related amount from March 5, 2013 to November 2016.
Details of the disposition
① Pursuant to Article 4 of the former Act on Special Measures for the Construction, etc. of National Rental Housing (wholly amended by Act No. 9511, Mar. 20, 2009; hereinafter “Public Housing Construction Act”), the Plaintiff was designated as the project implementer of the National Rental Housing Complex Development Project for Uncheon-Type Rental Housing (hereinafter “instant project”).
② On January 10, 2013, the Defendantbucheon-gu Mayor imposed KRW 756,794,650 on the Plaintiff, and corrected the amount of charges for school site to KRW 750,794,650 on the 123 households of general sale of detached houses in the Bupyeong-gu Park District supplied by the Plaintiff, pursuant to Articles 5(1) and 5-2 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (Amended by Act No. 13006, Jan. 20, 2015; hereinafter “School Sites Act”), and corrected the amount to KRW 750,794,650 on February 7, 2013.
(C) On March 4, 2013, the Plaintiff paid KRW 750,794,650 of the said charges to Defendant father-si.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 7, and the purport of the whole pleadings as to whether disposition is legitimate or not. The plaintiff's assertion ① Interpretation of the law, which forms the basis for imposing charges for school sites, shall be strict, and expanded interpretation or analogical interpretation is not allowed.
The development projects subject to the School Site Act are projects implemented under the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, and the Industrial Sites and Development Act (hereinafter referred to as the "Building Act, etc.") and are not included in projects implemented under the Public Housing Construction Act.
Therefore, the instant disposition that imposes school site charges under the School Sites Act on the instant project implemented under the Public Housing Construction Act is unlawful.
② As long as the instant disposition is unlawful, 750,794,650 won paid by the Plaintiff.