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(영문) 서울고등법원 2019.07.05 2016누805
기반시설부담금부과처분무효확인
Text

1. The plaintiff's claim that was changed in exchange before the remand is all dismissed.

2. However, the defendant on February 26, 2008.

Reasons

1. Details of the disposition;

A. On March 22, 2002, the Governor of the Gyeonggi-do changed the number of 920,141 square meters per Dong Dong Dong E-dong into an agricultural and forest area and quasi-agricultural and forest area according to the Act on the Utilization and Management of the National Territory announced D in Gyeonggi-do, and designated it as a village district, and further expanded infrastructure in consideration of criticism of poor development, etc., on the other hand, the Governor of the Gyeonggi-do announced the change of national land utilization plan and approval of village district development

B. The Plaintiff, including the Plaintiff, filed an application with the Defendant for approval of a housing construction project plan with the above Edong as a business site, M, N, and AU Co., Ltd. (P from P to Q on October 17, 2001; RR on February 6, 2006; Sro corporation on February 26, 2006; Sro corporation on February 13, 2008; OU Co., Ltd. on November 27, 2012; T Co., Ltd (the trade name was changed from U to TU corporation on February 13, 2008); and C Co., Ltd (hereinafter referred to as “instant business owner”; V Co., Ltd. (hereinafter referred to as “stock company”) concluded the Convention with the G Committee on February 29, 2003 (hereinafter referred to as “the Convention”).

The purpose of the Convention is to facilitate the installation of urban infrastructure and contribute to the smooth implementation of the project of Article 1 (Purpose of the Convention), and to facilitate the installation of urban infrastructure by concluding an agreement on the payment, settlement, and installation plan of urban planning facility contributions according to the urban planning facility development plan.

Urban infrastructure facilities: Article 3 (Obligations, Responsibilities, Disqualifications, etc. of Companies) (1) The Committee shall be jointly responsible for the contents of the Convention in relation to the provisions of this Convention.

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