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(영문) 서울고등법원 2011.02.09 2009누24346
기반시설부담금부과처분취소
Text

1. The defendant's appeal is all dismissed.

2. The costs of appeal are assessed against the defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Of the plaintiffs' claims in this case, the court of first instance rejected the part of the plaintiffs' claim that the defendant sought revocation of the imposition disposition of each infrastructure charges against the plaintiffs on May 11, 2006, and accepted all of the plaintiffs' remaining claims. Accordingly, the defendant filed an appeal only against the part that the court of first instance lost, and the plaintiffs did not file any appeal against the judgment of the first instance. Thus, the scope of the party members' appeal is limited to the part that the defendant lost against the defendant in the judgment of the first instance among the claims in this case, the part that the defendant sought revocation of the imposition disposition of each infrastructure charges against the plaintiffs on February 26, 2008 and the part that the defendant sought revocation of the imposition disposition of each infrastructure charges against the plaintiffs on February 26, 2008.

2. Details of the disposition;

A. On March 22, 2002, the Governor of the Gyeonggi-do changed the 920,141 square meters of the Sung-si, Sung-si, Sung-si, into an agricultural and forest area and quasi-agricultural and forest area according to the Act on the Utilization and Management of the National Territory announced by Gyeonggi-do on March 22, 2002, and designated it as a village district, and further expanded infrastructure in consideration of criticism of poor development and others, on the other hand, publicly notified the change of national land use planning and approval of village district development plan

B. On December 29, 2003, the Plaintiff, including the Plaintiffs, filed an application with the Defendant for the approval of the housing construction project plan with the above Sungdong as the project site, organized the Sung-dong Development Committee (hereinafter “instant business operators”), and entered into an agreement with the Defendant on December 29, 2003 on the infrastructure of the Sung-dong Village Development Committee (hereinafter “instant agreement”).

C. On March 31, 2004, the Defendant is at least 1,603,380 square meters per Sung-dong, Sung-dong, Sung-dong, Sung-do, Suwon-si.

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