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(영문) 서울중앙지방법원 2014.12.18 2014가합553394
부당이득금반환
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Under each of the following facts, facts may be acknowledged by adding up the whole purport of the pleadings to the statements in Gap evidence of Nos. 1 to 4 (including the serial number).

The plaintiff is the Housing Redevelopment Project Association that received authorization for the implementation of June 2007 from the preliminary defendant as the business zone with the one of 566 points in Seongdong-gu Seoul Metropolitan Government, and the approval for the management and disposal plan of May 2008, and the authorization for the completion of May 28, 2012, respectively.

(hereinafter the plaintiff's redevelopment improvement project is the project of this case).

The existing number of households in the project area of this case was 648 households, and 497 households are newly constructed due to the implementation of the project of this case.

C. Preliminary Defendant issued a disposition that imposed the Plaintiff the amount indicated in the item of the same Table as the school site charges on the date on which the same Table was imposed, and the Plaintiff paid the said charges within the specified period.

Amount imposed on July 66, 2010 .66,725,040 .66,725,040 .9.28 September 28, 2011 .32,020,550 .9 April 28, 2013, 14,69,350

(d) The provisions of the relevant legislation are as follows:

[Special Cases Concerning the Securing, etc. of School Sites (hereinafter referred to as the "Special Cases Concerning the Securing, etc.")

[Attachment] Article 2 (Definitions)

3. The term "charges for school sites" means expenses collected from development projects by the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province in order to procure school sites or to extend existing schools in close proximity where procuring school sites is impossible.

Article 5 (Imposition and Collection of Charges) (1) A Mayor/Do Governor may develop land for constructing detached houses in the development project area and impose and collect charges on persons who sell the land in units or sell multi-family housing.

Provided, That the same shall not apply to any of the following development projects:

5. Existing residents, land and land in the rearrangement project area under subparagraph 2 (b) through (d) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions

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