개발부담금부과처분취소
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The F land and G land in the Jinhae City were changed from August 2, 1963 to “the site” to “the Ministry of National Defense,” and on August 22, 1963, the land category of the F land in the Jinhae City was changed to “the site”; on December 5, 1966, G land was registered for preservation of ownership on December 5, 196 to “the site”; on the other hand, F land and G land in the Jinhae Sea were used for about 40 years as the site of the E facilities of the D institution (hereinafter “E”), and on September 25, 2006, Jinhae City acquired the ownership of the E site including the F land and other land in the Jinhae Sea.
3) On June 5, 2008, the Gyeongnam-do governor publicly announced the decision of the Jinhae-si Urban Management Plan (Seoul-do public notification I), which included the “decision of the H district unit planning zone” that alters the specific use area of F land, etc. from “general industrial area” to “general residential area, quasi-residential area, and general commercial area.” (4) on March 9, 2011, Changwon-si acquired the ownership of G land at the time of Jinhae-si and Jinri-si, and on March 22, 2011, each land listed in the attached Table 1 list from the said F land and G land was divided.
5) On April 15, 2011, Changwon-si: (a) made a public notice of bid for the sale of public property on the land and buildings listed in the attached Table 1 list; (b) concluded a sales contract to purchase KRW 94,501,118,80 on May 25, 201 after the Plaintiff’s sole bid; and (c) transferred ownership of the land, buildings, etc. listed in the attached Table 1 list at Changwon-si on July 25, 201. (b) At the time of the conclusion of the said sales contract, the Plaintiff established a district unit plan within six months after the acquisition of the site and submitted it at Changwon-si; and (d) accordingly, the Plaintiff established a district unit plan prior to the establishment of the district unit plan; and (e) purchased the site on November 25, 201.