존치부담금취소
1. All of the ancillary claims in the instant lawsuit shall be dismissed.
2. The plaintiff's main claim is dismissed.
3...
1. Details of the disposition;
A. The Plaintiff is the owner of three lots of land (hereinafter “each of the instant lands”), including the area of 1,238 square meters, C forest land 2,120 square meters, D forest land 2,292 square meters, etc. B, Jincheon-gun, Jincheon-gun, Jincheon-gun, Chungcheongnam-do. The Plaintiff is the owner of each of the instant lands. On each of the instant lands, the Plaintiff’s members of the Plaintiff clan were the old tombstones of E, which are cultural properties under the Cultural Heritage Protection Act (hereinafter “instant tombs, etc.”).
B. On March 19, 2007, pursuant to the Special Act on the Construction and Support of Innovation Cities Following Relocation of Public Agencies, the Minister of Construction and Transportation (former Minister of Land, Infrastructure and Transport) designated and publicly announced the Defendant as the project implementer and as the “J district in Chungcheongnam-do, Jincheon-gun, Jincheon-gun, 914,00 cubic meters,” and accordingly, each of the instant lands was incorporated into a site for historical park in the said project zone.
C. On January 19, 201, the Defendant notified the Plaintiff of the content that “it is possible for the Plaintiff to operate and manage the instant tombstones, etc. in the event of the method of preserving and exercising the right to property of the instant tombs, etc., but in the event of the method of preserving and managing the tombs, etc., the Plaintiff would lose the ownership of the land, and in the case of the method of retention, the ownership of the land would be maintained as it is, but the amount of the retention charge would be paid in an amount equivalent to KRW 60,00,000,000,000.”
Accordingly, on April 20, 201, the Plaintiff sent a reply to the Defendant that he/she wants to maintain the method of retention.
Accordingly, based on Article 12-2 of the Housing Site Development Promotion Act, Article 9-3(3) of the Enforcement Decree of the same Act, and Article 2010-39 of the Ministry of Land, Transport and Maritime Affairs’s notification, the Defendant: (a) calculated the Plaintiff’s facility charges for the retention of the instant graveyard, etc. based on the “applicable standards, such as the calculation method of unit cost of facility charges and the scope of retained sites” (hereinafter “instant notification”), and (b) notified the Plaintiff of the payment of the said facility charges by March 30, 2014.