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(영문) 서울고등법원 2019.06.25 2018누72941
광역교통시설부담금부과처분취소
Text

1. The judgment of the court of first instance is modified as follows.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

Reasons

Details of the disposition

The Minister of Land, Transport and Maritime Affairs (amended by the Government Organization Act by Act No. 11690, Mar. 23, 2013; hereinafter “the Ministry of Land, Infrastructure and Transport”) changed to “the Ministry of Land, Infrastructure and Transport” regardless of the change of name; hereinafter “the Minister of Land, Infrastructure and Transport” shall be prior to the change of name into “the Special Act on the Construction of Bogeumjari Housing, etc.” by Act No. 12251, Jan. 14, 2014; hereinafter “the Bogeumjari Housing Act”) to implement a project for developing the Bogeumjari Housing District under Article 6(1) of the former Special Act on the Construction of Bogeumjari Housing, etc. (hereinafter “the Housing Corporation”) as the Ministry of Land, Infrastructure and Transport announced on June 3, 2009 as Seoul, Gangnam-gu, Seoul, D, E. Japan, and 940,361 square meters (the housing zone was finally changed to 938,92.6 square meters on August 26, 2013).

The Korea Land and Housing Corporation provided 521,813 square meters of the instant housing site to be developed in order to prepare the cost for the instant housing zone development project, and on September 20, 201, the Plaintiff purchased G block (Seoul-gu or I large area of 80,298 square meters; hereinafter “instant site”) among them at KRW 466,531,380,000.

On January 20, 2012, the Plaintiff filed an application with the Defendant for the approval of the housing construction project plan with the content of construction and supply of underground floors exceeding national housing size (85 square meters) pursuant to Article 16 of the Housing Act, apartment houses of 20 Dong-dong 1,020, and auxiliary and welfare facilities of 15 stories above the land in the instant case. On March 27, 2012, the Plaintiff obtained approval of the said project plan from the Defendant and carried out the said project.

(c).

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