1. The charges imposed on the Plaintiff by the head of Gangnam-gu Seoul Metropolitan Government on October 13, 2016 by KRW 1,160,897,400.

Details of the disposition

The Plaintiff is a housing redevelopment association established to implement a housing redevelopment improvement project in Zone IV (hereinafter “instant project”) on the scale of 1, 2, 4, 500 square meters for children who were not children of Gangnam-gu Seoul Metropolitan Government and obtained authorization for the establishment from the head of Gangnam-gu Seoul Metropolitan Government (hereinafter “the head of Gangnam-gu”) on September 29, 2009.

On September 25, 2014, the Plaintiff obtained the approval from the head of Gangnam-gu Office for the invitation of occupants, and announced the invitation of occupants to 309 households among the 615 households of multi-family housing newly constructed by the instant project on September 26, 2014, and submitted data on the details of the sales contract to the head of Gangnam-gu office around August 26, 2016.

In accordance with Article 9(1) of the Seoul Metropolitan Government Ordinance on Special Cases concerning the Collection, etc. of School Sites, the authority related to the charges for school sites under the project in this case was delegated to the head of Gangseo-gu, Seoul Metropolitan Government pursuant to Article 4(1) of the Seoul Metropolitan Government Ordinance on Collection, etc. of School Sites.

On October 11, 2016, the Plaintiff imposed a charge of KRW 1,160,897,400 on the Plaintiff (hereinafter “instant disposition”) calculated based on Articles 5 and 5-2 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (Amended by Act No. 13006, Jan. 20, 2015) on the said 309 households (hereinafter “instant disposition”). On November 15, 2016, the Plaintiff paid KRW 1,160,897,40 on the Plaintiff.

On the other hand, on April 24, 2014, the Constitutional Court: (a) on the grounds stated in the reasons indicated in the separate sheet attached thereto, the proviso of Article 5(1)5 of the former Act on Special Cases Concerning the Acquisition, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015) concerning “housing redevelopment project” under Article 2 subparag. 2(b) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant statutory provisions”) does not conform with the Constitution; (b) the foregoing statutory provisions continue to apply until the legislator amends the Act as of December 31, 2014.