개발제한구역 보전부담금 부과처분 취소
1. The Defendant’s imposition of preservation charges against the Plaintiff on July 14, 2014 is revoked.
2...
1. On April 10, 1989, the Plaintiff was registered as a traditional temple pursuant to Article 3(1) of the former Traditional Temple Preservation Act (amended by Act No. 4183, Dec. 30, 1989; hereinafter referred to as the “Korean Traditional Temple Preservation and Support Act”) as a temple affiliated with A religious organization located in the area of 2,013 square meters of the C Religious Site in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant site”).
The instant site is within a development restriction zone under the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Development Restriction Zones Act”).
On June 2012, pursuant to Article 9-2(1) of the Korean Traditional Temples Preservation and Support Act (hereinafter “Korean Traditional Temples Preservation Act”), the Plaintiff filed an application with the Defendant for a building permit to remove juju (159 square meters and 264 square meters on the building management ledger), which is an existing building located on the instant site, and to extend or rebuild erogate (98.53 square meters on the building management ledger), celebling (162 square meters), celebling (162 square meters), and 162 square meters on the citizen’s line (162.06 square meters), and the Defendant permitted the construction permit on July 27, 2012.
(hereinafter “instant building permit”). On November 13, 2012, the Defendant imposed a development restriction zone preservation charge of KRW 586,77,030 under the former Development Restriction Zone Act (amended by Act No. 11838, May 28, 2013; hereinafter “former Development Restriction Zone Act”) on the Plaintiff, and upon the Plaintiff filed a civil petition with the Anti-Corruption and Civil Rights Commission, corrected the amount of the preservation charge to KRW 403,886,890 on January 2, 2013 by setting the form and quality of land, the area of the land and the floor area of the building.
On January 2, 2013, the Plaintiff filed an administrative appeal seeking the revocation of the disposition of imposition of preservation charges as of November 13, 2012 and the correction disposition as of January 2, 2013 with the Central Land Expropriation Committee, but the said Committee dismissed the Plaintiff’s claim on August 22, 2013.
On November 8, 2013, the Plaintiff filed the instant lawsuit with the same purport, and thereafter, on May 2014, Article 12633 of the Development Restriction Zone Act and May 2014.