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(영문) 의정부지방법원 2018.02.06 2017구합11317
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 12, 2012, A and B (hereinafter referred to as “A, etc.”) filed three building reports (area 669 square meters, 89 square meters, 655 square meters) with the Defendant on March 12, 2012 in order to newly construct three detached houses on the land of 1,534 square meters and 979 square meters prior to D (hereinafter referred to as “instant land before subdivision”) in Namyang-si, Nam-si, the adjacent area, and the Defendant deemed to have obtained permission for development activities (land alteration) under Article 56 of the National Land Planning and Utilization Act (hereinafter referred to as “National Land Planning Act”) upon repair. On the same day, the Defendant notified A, etc. that the said project constitutes a development project subject to imposition of development charges.

B. Of the instant land before the partition on February 15, 2013, C was divided into three: C, 668 square meters, E, 632 square meters, F, 220 square meters, G 14 square meters, and D land was divided into 655 square meters prior to D, 138 square meters prior to H, 56 square meters prior to H, 37 square meters prior to J, and 93 square meters prior to K, respectively.

C. On August 19, 2013, the Plaintiff acquired the instant land as payment in kind and completed the registration of ownership transfer on September 27, 2013. At the request of the Plaintiff on September 12, 2013, the Defendant changed the name of the person who is permitted to engage in development activities (land form and quality change) on the instant land from A, etc. to the Plaintiff, thereby accepting a report of change of the construction participant (owner and constructor) with the same content as of September 30, 2013.

On February 3, 2015, the Plaintiff submitted to the Defendant a cancellation of permission for the above development act (land form and quality change) and the Defendant accepted it on February 6, 2015.

E. On February 12, 2015, the Plaintiff filed an application for modification of a building permit with respect to L on the instant land among the said three construction reports on February 12, 2015, with the content that the total floor area is 608.00 square meters from 98.76 square meters, and the purpose of use is to be changed from a detached house to Class I neighborhood living facilities (the first floor, the first floor, the second floor), and the third floor (the third floor), respectively, and the Defendant was permitted on March 19, 20

Accordingly, the Plaintiff.

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