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(영문) 서울행정법원 2015.01.09 2013구합55956
신설학교 부담금 부과처분 무효확인 청구
Text

1. On December 5, 2012, the Defendant’s notice of the payment notice of new school charges issued to the Plaintiff is invalid.

Reasons

1. Details of the disposition;

A. The Plaintiff (the title at the time of its establishment was the “Skite Housing Redevelopment and Improvement Project Association” but changed to the current name on May 20, 2010) is the Housing Redevelopment and Improvement Project Association approved by the Defendant pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents for the purpose of implementing a housing redevelopment project on April 27, 2006 in the 247 Black-dong, Dongjak-gu, Seoul, with the aim of implementing the housing redevelopment project in the 62,781m2.

B. The plaintiff obtained the approval of a project implementation plan from the defendant on July 10, 2006, and the floor area ratio is stated as 204.13% in the project implementation plan.

On January 30, 2008, the Plaintiff received an administrative disposition plan from the Defendant.

C.1) On the other hand, on December 30, 2005, the Special Act on the Promotion of Urban Renewal (hereinafter “Do Promotion Act”).

(2) The Seoul Special Metropolitan City Mayor, on October 19, 2006, designated and announced a black seat renewal acceleration district of Dongjak-gu Seoul Special Metropolitan City, including the above project zone, as a black seat promotion district of 2008.2) The Seoul Special Metropolitan City Mayor, on September 11, 2008, subdivided the black seat renewal acceleration district from 2008-307 of the Seoul Special Metropolitan City, into nine pieces, and designated and announced a black seat 247 large scale 63,293 square meters, including the above project zone, as a black seat 247 large scale 63,293 square meters for a housing redevelopment project (hereinafter referred to as the “instant zone”), while publicly announced and announced a topographical map to promote the rearrangement of black seat, the main contents of which are as follows.

4. A summary of an urban renewal acceleration plan is as follows: (3) one place for installation of a non-high-rise educational facility with a size of 58,446 square meters in each infrastructure installation plan, such as educational facilities, cultural facilities, and welfare facilities; (4) 11 place in each flag (including central and meti local centers); and (4) an area for a basic facility with a size of an area for a zone with a cost-sharing plan for the basic facilities in the area of an area with a size of a basic facility (site) located within an existing infrastructure of the State-owned and public land purchase facility in an existing infrastructure within an infrastructure plan. A BD-BC-D.

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