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(영문) 수원지방법원 2020.06.18 2019구합71142
개발부담금부과처분취소
Text

The Defendant’s imposition of development charges of KRW 79,339,140 against the Plaintiff on August 9, 2019 is revoked.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. The Plaintiff intended to promote the construction of Class I neighborhood living facilities (retail stores) and the construction of road sites in the area of 620 square meters in Gwangju City B (hereinafter “instant land”).

B. On October 14, 2015, the forest land C was divided into KRW 1,487 square meters in forest land B, which became subject to registration conversion into D on October 19, 2015.

(A) The land before the instant partition was re-divided into D or E on October 21, 2015. This was re-divided into D forest land 620 square meters on January 20, 2017, and was re-divided into D forest land 615 square meters and F forest land 5 square meters on February 24, 2017, and the land classification of D forest was changed into “land” and “road” respectively.

C. Several persons, including the Plaintiff, shared the instant land before the instant partition. The owners of these shares completed the registration of ownership transfer on October 23, 2015 as to each of the sectional ownership of the instant land before the instant partition, which was jointly owned, based on the partition of co-owned property, and promoted the construction of each multi-household building and the construction of road sites on each divided land or adjoining land including each divided land.

On September 7, 2015, the Plaintiff filed a building report for the construction of a multi-household building with the first floor above the ground on the instant land, thereby resulting in the legal fiction of permission for development activities under the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”).

(A) A building report on a building under Article 14(1) of the Building Act is deemed to have obtained permission for development activities under Article 56 of the National Land Planning and Utilization Act pursuant to Article 14(2) and Article 11(5)3 of the Building Act. Then, on September 27, 2015, the Plaintiff obtained authorization from the Defendant for a “multi-household and road site creation project” where the size of the instant land, etc. is 922 square meters from the Defendant as the site for a development project, and on October 15, 2015, filed a report on the construction of the instant land as the building site.

On December 17, 2015, the Plaintiff is a multi-household house from Class I neighborhood living facilities.

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