1. The Defendant’s disposition of imposing KRW 486,276,30,00 on the Plaintiff on December 8, 2016, shall be revoked.

2...

1. Details of the disposition;

A. The Plaintiff is implementing a housing redevelopment project (hereinafter “instant project”) with a content that constructs and supplies multi-family housing of a total of 802 households within the business zone with a total of 33,061 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant business zone”).

B. After completing the general sale of multi-family housing newly constructed as the instant project, the Plaintiff submitted to the Defendant materials, such as the details of the sales contract and the purchaser of the sales in lots, around August 2016.

C. On December 8, 2016, the Defendant: (a) the charge for the school site charges of KRW 486,276,300 for the general sale of multi-family housing (351) under the instant project with respect to the Plaintiff on December 8, 2016 (amended by Act No. 14569, Feb. 8, 2017; hereinafter “School Site Act”).

) Articles 5(1) and 5-2 of the former Enforcement Decree of the Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Presidential Decree No. 28295, Sept. 19, 2017) were imposed (hereinafter “instant disposition”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The number of students of early, middle, and high schools in Dongdaemun-gu, Seoul where the Plaintiff’s assertion is located is continuously decreasing, and the number of students increased by the project of this case is expected to be sufficiently acceptable to nearby schools, and the demand for the establishment of schools is anticipated not to occur due to the project of this case. Thus, the instant disposition taken on a different premise is illegal as it is an abuse of discretionary power.

(b) Entry in the attached statutes of the relevant statutes;

C. 1) Legal doctrine (A) The nature of the charges for school site charges and the charges for school site charges that are required to be justified are the beginning and middle of demand for public facilities increased due to housing construction exceeding 300 households.