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(영문) 수원지방법원 2018.04.05 2017구합245

개발부담금부과처분취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 12, 2012, H, I, and J obtained permission to engage in development activities under Article 56 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) for the purpose of creating a multi-household housing site on December 12, 2012, part of G forest 54,119 square meters (a total area of 3,006 square meters, and hereinafter “instant forest”).

B. On the other hand, among G forest land in Gwangju City, 4,11 square meters is divided into K on January 30, 2013, and registration conversion was made for Lro and the area of the land was increased from 4,11 square meters to 4,369 square meters on February 5, 2013. However, among the corresponding parts of the title section, the grounds for registration and other matters are included in the registration conversion, and there are no specific reasons for increase in the area.

On February 7, 2013, it was divided into 635 square meters for L, 288 square meters for M forest, 654 square meters for C forest, 667 square meters for N forest, 1,363 square meters for O forest, 686 square meters for P forest, 76 square meters for Q forest, and 76 square meters for Q forest.

[The remaining land (the total area of 3,006 square meters) excluding 1,363 square meters among the above partitioned land is the forest of this case]. The details of permission for the development of the forest of this case, the partition of land, and the change of ownership are as follows.

The details of permission granted to a person who has obtained permission are divided into land, and a site for multi-household housing with 635 square meters with ownership change on February 7, 2013, which is divided into Gwangju City L on February 21, 2013, creating a multi-household housing with HJ 288 square meters on February 7, 2013, which is divided into M on February 20, 2013, J (109/28 equity), R (43/288 equity) on February 21, 2013, and the Plaintiff (76/288 equity) on February 21, 2013, on June 21, 2013, the number of shares of 176 square meters prior to 203 square meters on February 7, 2013, the number of shares of 2013