1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a housing reconstruction and rearrangement project association whose business area covers B and 94 lots outside Gwanak-gu in Seoul Special Metropolitan City, which obtained authorization from the Defendant on August 7, 2006, and the Defendant is delegated by the administrative agency with the authority to impose and collect school site charges from the head of Seoul Special Metropolitan City pursuant to Article 9(1) of the Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter

B. On March 5, 2007, the Plaintiff obtained authorization of a project implementation plan from the Defendant, and commenced construction on December 21, 201, and obtained authorization of completion for multi-family housing with the 22th above ground and 363 underground floors from the Defendant on September 19, 2014.

C. Around October 28, 2014, the Defendant notified the Plaintiff that charges of KRW 585,987,760 (i.e., KRW 73,248,470,000 x 0.08) should be paid by November 30, 2014 pursuant to Article 5 of the School Sites Act and Article 5-2 (2) of the Enforcement Decree of the same Act (hereinafter “instant disposition”), and the Plaintiff paid the said charges around that time.

On April 29, 2015, the Plaintiff filed a lawsuit with the Seoul Central District Court, claiming for partial return of the amount equivalent to the charges for school site that the Seoul Special Metropolitan City and the Gwanak-gu Seoul Special Metropolitan City were the Defendant and the conjunctively named as the Defendant. However, on December 10, 2015, the Seoul Central District Court rendered a judgment dismissing the Plaintiff’s claim on the ground that the instant disposition did not constitute grounds for invalidation (2015Gahap529329). The Plaintiff appealed against this and appealed, but the Seoul High Court, which was the appellate court, rendered a judgment dismissing the appeal on June 17, 2016 (2016Na204639), and on July 5, 2016, the said judgment became final and conclusive (2016Na204639).

E. Article 5(4)2 of the School Sites Act (the case where a development project is implemented in an area where there is no demand for school establishment due to continuous decline in the number of school attendance population for the last three years) to the Mayor of Seoul Special Metropolitan City around March 2016.