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(영문) 수원지방법원 2017.07.25 2016구합67227
개발부담금 부과처분 취소
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. On January 27, 2015, the Plaintiff was divided into KRW 1,879 square meters for C forest land, KRW 1,879 square meters for C forest land, KRW 127 square meters for D forest land, and KRW 115 square meters for E forest land on February 27, 2015, and among which C forest land changes on March 23, 2015, the Plaintiff is the owner of land of KRW 1,879 square meters for C forest land as of March 23, 2015; hereinafter “instant land”; and when F land other than the instant land is referred to as “F land,” the Plaintiff is the owner of land of KRW 1,879 square meters for C forest land as of March 23, 2015.

B. On September 4, 2014, the Plaintiff obtained a building permit from the Defendant to construct a Class II neighborhood living facility (hereinafter “instant building”) with a total floor area of 327.6 square meters (one story on the ground) on the instant land, and constructed the said building on March 11, 2015, respectively.

C. On June 3, 2015, the Defendant notified the Plaintiff that development charges will be imposed KRW 71,527,520 in accordance with Article 14 of the Restitution of Development Gains Act and Article 15 of the Enforcement Decree of the same Act.

Accordingly, the Plaintiff asserted that the development charges were excessively calculated on June 22, 2015, and filed a request for an examination before notifying the Defendant of the development charges. On July 7, 2015, the Defendant partially reduced the development charges to KRW 70,856,90 and imposed on the Plaintiff.

(hereinafter referred to as the “disposition of this case”). In a case where the land category area is located on a low-class road abutting on a road surface at a low-class location, the land site planning and management of the instant land site in this case is located on a road-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-based-

E. On May 15, 2015, the Committee shall select G land as a comparative standard when calculating the land price at the time of termination of the development charges on the instant land, which is the basis of the instant disposition.

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