개발부담금부과처분및개발비용산출명세서미제출과태료처분취소
1. The plaintiff (appointed party)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).
1. The reasoning of the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the following contents among the grounds of the judgment of the court of first instance. Therefore, it shall be cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420
① In Chapter 3, Chapter 18, “ shall not be deemed to fall under a project to develop land for the purpose of constructing a specific building, since specific contents are not stated at the time of the permission for development of this case’s land at the time of the permission for development of this case’s land, and in such respect, the development project of this case is not a project subject to the imposition of development charges.”
(2) On face 5, the following shall be added to the second part:
“6) As reference land for the calculation of the land price at the time of completion of the instant development project, the Defendant’s selection as reference land for the instant development project is 1,557 square meters of land for I,557 square meters of land for I, Gangnam-gu Seoul.
) 1,286 square meters prior to Gangnam-gu Seoul J (hereinafter referred to as “the reference land for the plaintiffs’ assertion”).
A. As such, the instant disposition that mistakenly selected the reference land is unlawful.
(3) Forms 7 through 6, parallel 7 and 11 are as follows:
“A) Article 5 of the former Restitution of Development Gains Act (amended by Act No. 8852 of Feb. 29, 2008) which applies as of September 8, 2006, whether the instant development project constitutes one of the projects subject to the imposition of development charges, and Article 4(1) [Attachment 10] of the Enforcement Decree thereof (amended by Presidential Decree No. 19752 of Dec. 15, 2006), and Article 4(1) of the Enforcement Decree thereof (amended by Presidential Decree No. 19752 of Dec. 15, 2006), which are applicable as of September 8, 2006, constitutes a project subject to the imposition of development charges.
The former Enforcement Rule of the Restitution of Development Gains Act following the delegation shall be the Ordinance of the Ministry of Construction and Transportation on December 18, 2006.