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(영문) 수원지방법원 2016.07.14 2015구합68476
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 10, 2013, B obtained a building permit (hereinafter “instant building permit”) for the construction of three units of Class I neighborhood living facilities (retail stores) with respect to the size of 5,668 square meters of land among the land area of which is 7,736 square meters in the wife population C (hereinafter “B before partition”) from the Defendant on April 10, 2013. Accordingly, the said permit was deemed to have been deemed to have been permission for conversion of a mountainous district with respect to a total of 5,983 square meters of land (= a total of 5,668 square meters of land area) and permission for development.

B reported on May 14, 2013 and started site creation work.

B. B around September 25, 2013, concluded a sales contract with 15 co-owners, including D, to purchase the land before subdivision in total at KRW 1,066,00,000 (hereinafter “instant sales contract”). On September 27, 2013, B paid the relevant purchase price (hereinafter “instant purchase price”) to 15 co-owners and completed the registration of ownership transfer as to the land before subdivision.

C. B, through the procedures for a change in a building report on October 24, 2013, reduced the site area from the existing 5,668 square meters to 5,090 square meters, and changed the purpose of use from the existing first-class neighborhood living facilities (retail stores) to the single house. Accordingly, permission for conversion of a mountainous district on a site area of 6,202 square meters (i.e., a site area of 5,090 square meters) and permission for development was deemed lawful.

(D) On November 4, 2013, the land before subdivision was subject to registration conversion into 7,913 square meters in land E with the wife population E, 7,913 square meters. On November 4, 2013 and November 12, 2013, and on January 16, 2014, E forest land 487 square meters (hereinafter “instant land”) and F or G, and 16 lots in total. E, on December 31, 2013, the registration was completed after subdivision registration was completed on the following occasions: (a) the area of the site was reduced to 5,090 square meters from 331 square meters from 5,090 square meters to 331 square meters from 331 square meters from the site area (i.e., the area of a road site is 31 square meters, 1122 square meters, and 25 square meters from the permission for development activities (hereinafter “the permission for mountainous district conversion”).

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