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(영문) 의정부지방법원 2017.04.04 2016구합7427
개발부담금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. On March 28, 2008, the date of permission for the development project for the indication and name of land, the date of completion of the development project, E Class I neighborhood living facilities (retail stores) site creation project on March 17, 2008, F. 17, June 28, 2015, G June 17, 2015, G on April 30, 2015, the H H outdoor book creation project on June 23, 2015.

On March 28, 2008, the Plaintiffs completed the development project permission by obtaining from the Defendant on the following three parcels: Durii (hereinafter referred to as “Duri”) E, and as indicated in the following table:

B. On February 1, 2016, the Defendant imposed development charges (hereinafter “instant development charges”) on the Plaintiffs, as indicated in the attached Table 1 of the details of imposition by Plaintiff.

(hereinafter referred to as the “instant disposition”). The details on which the Defendant calculated development charges for E and F (hereinafter referred to as “each of the instant lands”) are as listed below:

(Unit: 1) Division EF. ① The land value as at the time of termination 2,151,563,482,167,173,380; 376,146, 741 development costs 413,793,79,753,553, 5593 in normal increase in land prices 178,458,458,817 179,753,753,873,904 1,250,250,760,1534 development charges 296,468,468,40,400,690 (=) development charges 296,468,400,690)

C. The Defendant shall select 1,038 square meters (the officially announced land price shall be 420,000,000 square meters; hereinafter “the reference land of this case”) as a comparative standard site to calculate the land price at the time of completion of the imposition of the development charges of each of the instant land. The Defendant shall investigate the characteristics of the standard land comparison with each of the instant land as shown below and calculate the price distribution rate by 1.027. The Defendant shall apply this to the computerized output data or deliberation records prepared by the Defendant 431,300,000 square meters x 420,000 won x 1.027 x 1.027 x 1.027 if the price distribution rate is indicated as 1.028, but the calculation price is calculated based on the premise that the land price is below 100 won ordinarily permissible.

The effective figure is less than the number of five jobs, the applicable individual land price in 2015.

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