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(영문) 부산지방법원 2020.09.04 2020구합21211
학교용지부담금 부과처분 취소
Text

The imposition of 1,466,023,100 won against the Plaintiff on February 27, 2020 shall be revoked.

Reasons

1. The following facts can be acknowledged in light of the following facts: there is no dispute between the parties, or the whole purport of the pleadings in each of the evidence No. 2 and No. 7.

On February 21, 2007, the Busan Metropolitan City Mayor designated one of the Dong-gu Busan Metropolitan City C as a zone for urban environment improvement, and the plaintiff is an urban environment rearrangement project association approved to establish an association on September 11, 2008 in order to implement an urban environment improvement project (hereinafter the project in this case) within the above improvement zone.

B. On May 2, 2012, the Plaintiff received authorization from the Defendant to implement a new project for constructing an apartment house of 788 households. The existing number of households reported by the Plaintiff at the time was 214 households with the house owner households, and 71 households with the tenants, etc. totaling 285 households with the house owner households.

C. On October 19, 2015, the Plaintiff obtained authorization for the implementation of a management and disposition plan to reduce the number of households from 788 to 752 households from 752 households. On April 4, 2016, the Plaintiff obtained authorization for the alteration of the management and disposition plan to newly construct multi-family housing units on 752 households.

On February 13, 2018, the Plaintiff submitted data related to the charges for school sites to the Defendant. On February 28, 2018, the Defendant imposed charges for school sites on the Plaintiff pursuant to Articles 5(1) and 5-2(1) and (2) of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 17255, May 19, 2020; hereinafter the same shall apply), pursuant to Article 5(1) and Article 5-2(1) and (2) of the former Act on Special Cases Concerning the Securing, etc. of School Sites (the amount calculated on the assumption that the number of households to be increased is 520 households), and the

E. On March 19, 2018, the Plaintiff asserted that there was a error in calculating the number of households increased to the Defendant, and requested a refund of KRW 359,070,720 among the charges for school site charges already paid. The Defendant refunded the said money to the Plaintiff on March 23, 2018.

(hereinafter excluding the above refund, the imposition of the remaining KRW 1,052,216,560 was made in the first disposition of this case).

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