광역교통시설부담금 부과처분 취소 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of the lawsuit are assessed against the Plaintiff’s Intervenor.
1. Details of the disposition;
A. 1) The Minister of Land, Infrastructure and Transport (former Minister of Land, Transport and Maritime Affairs) (the Minister of Land, Transport and Maritime Affairs) on May 26, 2010, as the Bogeumjari Housing District in Guro-gu Seoul Metropolitan City, and the Plaintiff’s Intervenor (hereinafter “ Intervenor”) as the executor.
The Intervenor designated the Plaintiff. The Intervenor established a Bogeumjari Housing District Plan and obtained the Defendant’s approval on November 15, 2010. (2) On July 27, 2016, the Intervenor publicly announced that part of the housing site in the said Housing Zone be sold to the general public for compensation.
On September 1, 2016, the Plaintiff purchased multi-family housing Dable block (Seoul E-won 24,886 square meters, hereinafter “instant site”) from the Intervenor in KRW 85,110,120,000.
3) On May 25, 2017, the Plaintiff obtained approval from the Defendant for the housing construction project plan on the construction and supply of six apartment units in the instant site pursuant to Article 15 of the Housing Act, 419 households, and ancillary facilities (hereinafter referred to as the “instant project”).
B. B. On July 17, 2017, the Defendant: (a) related to the instant project, the Special Act on the Management of Intercity Transport in Metropolitan Areas (hereinafter “Wide Transport Act”) is applicable to the Plaintiff.
A) imposed 659,741,000 won for metropolitan transport facilities charges (hereinafter “instant disposition”).
(i) [In the absence of a dispute over the grounds for recognition, entry of Gap's evidence 1 to 6, the purport of the whole pleadings.]
2. The attachment to the relevant Acts and subordinate statutes shall be as follows;
3. Whether the instant disposition is lawful
A. On November 20, 2018, the Plaintiff withdrawn the assertion that the instant business is eligible for exemption from the charges for metropolitan transport facilities through a preparatory document prepared by the Plaintiff on November 20, 2018.
Article 16-2 (4) of the Enforcement Decree of the Intercity Transport Act provides that “a facility constituting an urban railroad or railroad, road, parking lot, public truck depot, bus rapid transit system, or a facility constituting a transfer center shall be installed or borne for the expenses.”
The Plaintiff shall make the purchase price of the instant site to the intervenors.