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(영문) 수원지방법원 2015.06.17 2014구합54371
개발부담금부과처분취소
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 June 29, 2012, the Plaintiff obtained permission for each of the development activities from the Defendant for the purpose of creating a Class I neighborhood living facility site for the second-class neighborhood living facility (manufacturing Facility) with respect to the size of 2,235 square meters, both the Sinsung City and the Defendant, for the purpose of creating a site for the first-class neighborhood living facility (retailing store) with respect to the size of 2,981 square meters for the first-class and fourth lots, the Plaintiff obtained permission for each of the development activities for the purpose of creating a site for the first

On April 4, 2013, the Plaintiff obtained approval for factory construction on the aggregate of the land areas for which the Defendant obtained permission for development activities on the said two occasions from the Defendant (hereinafter “instant project site”), and the said two permission for development activities were deemed to be subject to consultation for alteration of development activities on the entire project site.

On May 30, 2013, the Plaintiff completed the instant project upon receiving a completion inspection on development permission.

B. On March 5, 2014, the Defendant considered the instant project as a project subject to the imposition of development charges under Article 5 of the Restitution of Development Gains Act (hereinafter “Development Gains Refund Act”); and on the basis of the publicly announced individual land price in 2012, the Plaintiff calculated the land price as at the starting point for the instant project site and imposed development charges of KRW 201,096,470 as listed below (hereinafter “instant disposition”).

The calculation details (won) ① The land price at the time when the imposition is completed (as of May 30, 2013) shall be 490,649,290,260 development costs 519,74,386 ③ Development gains (i) 804,385,919 ④ Development charges (i) 201,385,96,470 【205%) the fact that there is no dispute, (ii) Gap, 5, 8, 178, and Eul-1 through 3 (including each number), and the purport of the whole pleadings, as a whole, each entry in the land price at the time when the imposition is commenced (as of June 29, 2012).

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is around May 22, 2012 from C, etc., the owner of the instant project site.

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