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(영문) 수원지방법원 2015.05.07 2014구합54753

개발부담금부과처분취소

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On March 15, 2005, E and F obtained permission for conversion of mountainous districts for the purpose of newly constructing neighborhood living facilities (offices and retail stores) under Article 14(1) of the former Mountainous Districts Management Act (amended by Act No. 8283, Jan. 26, 2007) with respect to the land of this case (hereinafter “instant land”) among 8,826 square meters of G forest land in Sungsung City prior to the subdivision of March 15, 2005.

(hereinafter “instant permission for mountainous district conversion”). (b)

H purchased the instant land from E and F, and obtained a permit for change of mountainous district conversion from E and F to “H” from E and F, and from G to “I, J, and K (land division correction due to land division). On March 12, 2007, H added 3,500 square meters of L/L forest to a permitted place, and obtained a permit for change of mountainous district conversion to a storage site for an exclusive purpose; on July 13, 2010, a permit for change of mountainous district conversion to a second class neighborhood living facility (manufacturing facility) for an exclusive purpose; on December 26, 2006, a permit for change of mountainous district conversion has been granted 4 (i) 12,145 square meters, ② 1, J, K, L, 2,3 square meters, ③ 2,160 square meters, ④ 160 square meters, ④ 2,876 square meters of mountainous district conversion to a divided area.

C. Meanwhile, on January 12, 201, H obtained approval for factory construction from the Defendant, separate from the aforementioned permission for mountainous district conversion, which was divided as above pursuant to Article 13 of the Industrial Cluster Development and Factory Establishment Act, (1) through (4) the business category of which is the manufacturing business of metal assembly materials on the ground, respectively.

On February 19, 2012, H: (a) Plaintiff A purchased 3,708 square meters of I forest land (the part divided into the instant land) in Sungsung-si; (b) Plaintiff B purchased 2,065 square meters of N forest land (the part divided into the instant land in 336 square meters among them); (c) Plaintiff C and D purchased 1,521 square meters of L forest land in Taesung-si (the part not divided into the instant land in this case); and (d) the Defendant purchased 3,521 square meters of 1,521 square meters of Y (the part not divided into the instant land in this case) upon the Plaintiffs’ request on March 5, 2012 from H.