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 August 14, 2014, the Plaintiff obtained the authorization of a development project that involves the change of land category to newly construct a forest area of 71-5 forest area in Seo-gu, Seo-gu, Gwangju (hereinafter “instant building”) of 520-2 forest area of 4,327 square meters on the same day on September 25, 2014, and was changed to 4,324 square meters on the same day on January 7, 2016; hereinafter “instant land”).
B. On January 5, 2016, the Plaintiff obtained approval for the use of the instant building.
C. On July 28, 2016, the Defendant imposed development charges of KRW 153,487,060 calculated as follows on the Plaintiff regarding the development project (hereinafter “instant disposition”).
(3) Development gains (i) development gains (i) 613,948,277,00 won (i) 153,487,06 won (i) 153,487,00 won (i) 1,975,42,986 won (i) 81,022,835 won (i) 695,839,902 won (ii) development gains (i) 613,948,277 won (i.e., development charges x 25%) 153,487,060 won (i.e., grounds for recognition)
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1) In calculating the development costs of the instant land, it is unlawful that the Defendant did not recognize the development costs of KRW 108,673,628 out of KRW 146,64,720 paid by the Plaintiff as the soil construction costs for the construction of the building, as the soil construction costs for the construction of the building. 2) In calculating the development costs of the instant land, it is unlawful that the Defendant did not regard KRW 6,179,950 that the Plaintiff paid with water supply construction costs and other fees as the costs for the connection of water supply of the building
3. The Defendant calculated the land price at the time of termination of the instant land based on the appraised value which is not the publicly assessed individual land price of the instant land is an error of law that deviates from and abused discretion.
(b)be as shown in the attached Form of the relevant statutes.