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(영문) 서울행정법원 2019.03.22 2018구합68278
학교용지부담금부과처분취소
Text

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. The Plaintiff is a reconstruction improvement project association that obtained authorization from the Defendant on June 27, 2003 to implement a housing reconstruction improvement project (hereinafter “instant project”) in Dongjak-gu Seoul Metropolitan Government B (hereinafter “instant project zone”).

B. The Plaintiff obtained authorization from the Defendant for project implementation on May 28, 2010, authorization for project implementation on February 4, 2015, and authorization for the management and disposition plan on August 19, 2015, respectively.

C. The Plaintiff removed 17 buildings on the ground of 44,100.4 square meters in the rearrangement zone where the existing 413 households reside in accordance with the changed project implementation plan and management and disposal plan, and removed 17 apartment buildings on the ground of 893 square meters in total.

The new construction, among them, 465 households were sold to the members, and 5 households of rental apartment were sold to Seoul Special Metropolitan City, and 406 households among the remaining 423 households were sold to the general public.

The defendant is "Act on Special Cases concerning the Securing of School Sites"(hereinafter referred to as "Act on Special Cases concerning the Development of School Sites

The charges for school sites (hereinafter referred to as "charges") shall be borne by the head of the Seoul Metropolitan Government pursuant to Article 9.

(1) A Mayor/Do Governor shall develop and sell a parcel of land to construct a detached house in the development project area or sell multi-family housing units in units (hereafter referred to as "multi-family housing buyers, etc." in this Article) in the course of performing his/her duties with the delegation of such duties.

(1) The charges under Article 5-2 (1) shall be imposed on the basis of the parcelling-out price in cases of multi-family housing, and in cases of land for constructing multi-family housing, the charges shall be imposed on the basis of the parcelling-out price in cases of multi-family housing, and in cases of land for constructing multi-family housing, on the basis of

(2) Charges under paragraph (1) shall be calculated in accordance with the following standards:

1. Multi-family housing: The sales price of multi-family housing by household x 8/1,00 on the basis of such price;

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