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(영문) 수원지방법원 2017.01.11 2016구합835
개발부담금부과처분취소
Text

1. The Defendant’s imposition of development charges of KRW 128,427,910 against the Plaintiff on March 6, 2015 shall be revoked.

2...

Reasons

1. Details of the disposition;

A. The Plaintiff filed an application with the Defendant for permission to engage in development activities, farmland conversion permission, and permission to convert mountainous districts on July 22, 201, in order to construct Class I neighborhood living facilities (hereinafter “instant building”) on the ground (hereinafter “instant land”). The Defendant filed a building permit with the Plaintiff on July 22, 201, and accordingly, the permission to engage in development activities, farmland conversion permission, and permission to divert mountainous districts were deemed deemed deemed lawful.

B. On August 26, 2014, the Plaintiff obtained approval for the use of the instant building from the Defendant.

(hereinafter “instant development project” related to the construction of the instant building C.

On March 6, 2015, the Defendant imposed development charges of KRW 128,427,910, calculated as follows, on the Plaintiff regarding the instant development project (hereinafter “instant disposition”), and assessed the current status of the use of the instant land as “commercial use” in calculating the final land price at the time of completion.

(3) Development charges (=3), 511, 6654 development gains (=1-B) 51, 6654 development charges(=3) 128,427,427,91) 128,427,910 shall apply to the land price as of the starting point of the deduction amount 188,684,247 development costs 223,366,750.

D. The Plaintiff filed an administrative appeal against the instant disposition, but the Central Land Tribunal dismissed the Plaintiff’s claim for administrative appeal on January 21, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 8, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) The illegality of the calculation of the land price at the time of termination is calculated as the land price at the time of termination of the land in this case.

A. Although the land of this case and its specific use area, utilization status, and road conditions are the most similar, they shall be excluded, and the land of this case and the road conditions are different.

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