학교용지부담금 환급 등 청구의 소
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The following facts may be admitted if there is no dispute between the parties or if each entry in Gap evidence 1 and 2 (including the number of branch offices) shows the purport of the whole pleadings:
The plaintiffs (hereinafter referred to as "stock company") obtained approval of the housing construction project plan from the plaintiffs (hereinafter referred to as "stock company") for the purpose of constructing and selling multi-family housing (multi-family housing) on the surface of the ship of the ASEAN, and obtained approval of the respective housing construction project plan from the defendant Asan City as of December 24, 2004; the plaintiff Plus Plus Co., Ltd as of December 17, 2004; and the plaintiff Central Plus Co., Ltd as of November 26, 2004.
B. (i) On December 21, 2007, Defendant U.S. issued each of the charges for school site (hereinafter “instant disposition”). On December 21, 2007, Defendant U.S. imposed imposition of KRW 1,728,278,40 on the Plaintiff Geum River Co., Ltd., KRW 561,462,960 on Plaintiff U.S. P. P. P. P., Defendant U.S. (hereinafter “instant disposition”). < Amended by Act No. 5877, Dec. 21, 2007; Act No. 562, Apr. 9, 2006>
The defendant Asan City stated that the disposition of this case is "under Article 5 of the Act on Special Cases Concerning the Securing, etc. of School Sites" in the written disposition (Evidence A No. 2-1).
See The Plaintiffs paid the full amount of the school site charges to Defendant Asan City Mayor on the date of the above disposition.
(The total amount of charges paid by each Plaintiffs is KRW 2,877,058,200).
The Acts and subordinate statutes directly related to the imposition of this case based on the basis of the relevant Acts and subordinate statutes and the legitimacy of the disposition of this case are as follows: the former Act on Special Cases Concerning the Securing of School Sites (amended by Act No. 6744 of Dec. 5, 2002) and amended by Act No. 7397 of Mar. 24, 2005 (hereinafter “former Special Act”) or the Act on Special Cases Concerning the Securing of School Sites, etc.