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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. On November 8, 2013, the Plaintiff: (a) was divided into 9,90 square meters of B forest No. 15,386 square meters in Ansan-si, which was owned by A; (b) the Plaintiff completed the registration of transfer of ownership in his/her name with respect to the land for a factory on June 24, 2014; and (c) the land category was changed to the land for a factory and the land for a C was changed to a road; hereinafter in this case, the same shall apply).
B. On October 18, 2013, the Plaintiff obtained approval of factory construction under the Industrial Cluster Development and Factory Establishment Act as the location of the instant land from the Defendant on October 18, 2013, and obtained construction permission on October 25, 2013, and subsequently, obtained approval for use on June 12, 2014.
C. On November 17, 2014, the Defendant imposed upon the Plaintiff development charges of KRW 73,814,660 calculated by setting the land price as at the starting point of the instant land as the publicly assessed individual land price under the main sentence of Article 10(3) of the Restitution of Development Gains Act (hereinafter “Development Gains Restitution Act”) on the Plaintiff (hereinafter “instant disposition”), and the specific calculation details are as listed below.
(3) Development gains (i) 295,25,205, 618,09,568 development costs (i) 740,942,974 normal increase in normal land prices of 618,09,568 development costs, 24,585,205, and (ii) development gains (i) 295,258,67844 development charges (i) 73,814,660 / 73,814,60 / [based on recognition] of the absence of dispute, 1,2, 15, and 16 of the evidence No. 5, 8, 16, and 2 of the evidence No. 2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. On August 13, 2013, the Plaintiff asserted that he/she entered into a primary sales contract with A to purchase three parcels of land (hereinafter “total parcel of land”) from A, 3,021,240,00, including Ansan-si B, D, and E, and paid the down payment (302,124,000 won) equivalent to 10% of the above sales price to A, but on September 13, 2013, the total sales price pursuant to the above sales contract is as is.