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(영문) 의정부지방법원 2016.02.02 2015구합7031
개발부담금부과처분취소
Text

1. The Defendant’s KRW 46,583,580, written to Plaintiff A on October 21, 2014, and KRW 21,252,680, written to the Plaintiffs on the same day.

Reasons

1. Details of the disposition;

A. C, D, E, and F purchase G forest land of 21,322 square meters (hereinafter “instant land before the instant partition”) at the time of Pakistan on January 10, 203, and the same year.

2. 27. 27. The registration of ownership transfer was completed on the land prior to the subdivision.

(C) 3/9 Shares, D, E, and F 2/9 Shares). (b)

On July 8, 2003, the above D obtained approval for factory construction from the Defendant (hereinafter “instant approval for factory construction”) in order to construct a factory on the land before the instant partition and H land.

C. On October 21, 2003, Plaintiff A purchased 2/9 shares of the land before the instant partition from F, and completed the registration of ownership transfer with respect to the said shares on August 9, 201. On May 17, 2010, Plaintiff A received 2/9 shares of the said land among the land before the instant partition.

In addition, on December 3, 2010, Plaintiff B succeeded to the said C-3/9 shares of the land before the instant partition.

Accordingly, at the time of August 9, 201, the land before the instant subdivision was owned by Plaintiff A 6/9 and Plaintiff B 3/9.

On the other hand, on August 20, 2008, the Plaintiff A, C, I, J, and K Co., Ltd. (hereinafter “Plaintiff A, etc.”) filed an application with the Defendant for approval of the establishment of a factory with the content of changing the name of the factory establishment approval of this case from the above D to the Plaintiff A, etc., and the Defendant granted the permission.

E. On August 1, 2012, the instant land before the instant partition was divided into 926 square meters of LA forest, 4,638 square meters of M forest, 5,058 square meters of NA forest, 4,893 square meters of O forest, 2,494 square meters of P forest, 2,356 square meters of Q A forest, and 969 square meters of RA forest, etc.

F. L Forest land: (a) on December 17, 2013, the land category was changed to a factory site on May 14, 2015; (b) on December 23, 2013, Q forest land 2,356 square meters was changed to a factory site on December 23, 2013; and (c) on February 26, 2014, the land category of Q forest 2,356 square meters was transferred to a name on February 26, 2014; and (d) on March 3, 2014, the land category of R forest 99/969 square meters, out of the shares owned by the Plaintiff, was transferred to S on February 26, 2014, and the shares owned by the Plaintiff were transferred to T on July 15, 2014, respectively.

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