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(영문) 부산지방법원 2015.10.16 2015구합74
학교용지부담금 부과처분 무효확인 등
Text

1. Defendant Busan Metropolitan City captain’s head of the Gun against the Plaintiff: (a) KRW 286,01,014,400 on August 8, 201; and (b) KRW 7,635,200 on December 26, 201;

Reasons

1. Details of the disposition;

A. On June 30, 2003, the Plaintiff obtained the first approval for the construction project of apartment houses (240 households) on the ground (253-3 and 10 lots of land (hereinafter “instant development project”) from the head of the Si/Gun/Gu in Busan Metropolitan City (hereinafter “the head of the Gun in charge”). Since then, the Plaintiff obtained a modified approval for the said first project plan five times from December 2005 to January 17, 201, as follows:

6. 206. 6. 6. 206. 8, 207. 8. 8, 296. 7. 8, 26. 7. 8, 296. 7. 7. 8, 206. 8. 6. 6. 1, 205. 3, 296. 3, 296. 2, 296. 1, 296. 1, 39, 296. 3, 206. 1, 296. 3, 206. 1, 296. 3, 206. 3, 206. 3, 196. 1, 395. 25, 2828, 295. 28, 294, 296. 3. 1, 298

B. On March 29, 2011, the Plaintiff obtained approval for the announcement of the recruitment of the instant multi-family housing from the head of the Defendant captain, and 184 households among them were sold in lots, and 7 households were unsold as of January 2015.

Each school site charge (cost) payment date of 286,01.7,635, 200 on September 7, 201, 201. 19,489, 600 on January 19, 2012. 7, 201. 6,208,00 on May 7, 2012. 1, 624,000 on July 25, 2012.

Pursuant to Articles 5(1), 5-2, and 9 of the Act on Special Cases concerning the Acquisition, etc. of School Sites, the head of the relevant Si/Gun/Gu shall pay to the Plaintiff the number of households sold from the second quarter to the first quarter of August 8, 201 as the charges for school sites for the amount of KRW 286,01,01,01, KRW 400, KRW 267,635,200 on December 26, 201, and KRW 200 on April 2012.

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