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(영문) 수원지방법원 2017.04.12 2016구합66767

광역교통시설부담금부과처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Korea Land Corporation approved the housing site development plan on December 8, 199 in accordance with the Housing Site Development Promotion Act. On February 5, 2001, after obtaining approval of the implementation plan for the housing site development project, implemented the housing site development project of bamboo and housing site development district, which is developed of 3,405,614 square meters at the same time and completed on October 2, 2006 with the approval of the implementation plan for the housing site development project.

(hereinafter referred to as the “instant housing site development project”, and the relevant development district shall be referred to as the “instant housing site development project district”. (b)

On June 30, 2011, ASD Co., Ltd. (hereinafter referred to as “ASD”) purchased approximately 1226,5814 square meters (hereinafter referred to as “instant site”) and completed the registration of transfer of ownership by purchasing the land located in the instant housing site development project zone from 1226, Young-gu, Seoul Special Metropolitan City.

C. On March 25, 2016, the Plaintiff obtained approval from the Defendant for a housing construction project plan with the content that the Plaintiff constructed 39 households on the instant site under the Housing Act, which is the owner of the instant housing site.

The approval of the housing construction project plan was modified on January 24, 2017 by building the 32 households.

(hereinafter “instant housing construction project”) D.

The defendant

C. On May 24, 2016, upon approval of the written business plan, the Plaintiff imposed KRW 104,11,000 on the charges for metropolitan transport facilities on the basis of the calculation of the total floor space of 5,354.43 square meters based on Article 11(1)4 of the Special Act on the Management of Intercity Transport in Metropolitan Areas (hereinafter “Wide-Area Transport Act”).

After that, February 1, 2017

C. Following the change of the registered business plan, the charges imposed on KRW 103,633,00 on the basis of the calculation of the total floor space of 5,329.834 square meters as a result of the change of the registered business plan

(hereinafter “Disposition in this case”). [Grounds for recognition] The fact that there is no dispute, entry of Gap’s evidence Nos. 3 through 5, the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The Plaintiff’s housing site development project of this case is asserted.