학교용지부담금부과처분취소
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 October 201, the Plaintiff entered into a Bogeumjari Housing Construction Project with approval from the Minister of Land, Transport and Maritime Affairs pursuant to the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Bogeumjari Housing Construction Act”). On May 6, 2013, the Plaintiff entered into a housing construction project (hereinafter “the housing construction project in this case”) that supplies a public apartment with 146m2, 59m2, 214m2, 74m26, and 84m264m2 of the public apartment with a size of 51m2 to the 2nd unit in Seosan-dong, Seosan-dong, Seosan-dong, Seosan-si, and Seosan-dong, Seosan-do, 2, 2013.
B. Pursuant to Article 2 Subparag. 2 of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “Special Cases Act”), Article 5 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015; hereinafter “former Act on Special Cases concerning School Sites”), the Defendant imposed charges for school sites of KRW 1,169,505,60 on the Plaintiff on Nov. 28, 2014 (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 1 (including branch numbers, if any) and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The legal interpretation that serves as the basis for imposing the Plaintiff’s charges for school sites must be strict, and it is not permitted to expand interpretation or analogical interpretation, and Article 3 of the Framework Act on the Management of Charges also provides for the same purport.
Article 2 subparagraph 2 of the Act on Special Cases concerning the Development of School Sites is the "Building Act, Urban Development Act, Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, Housing Act, Housing Site Development Promotion Act, and Act on Industrial Sites and Development (hereinafter referred to as the "Act on Special Cases concerning the Development of School Sites").