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(영문) 수원지방법원 2016.02.18 2015구합61208
개발부담금부과처분취소 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On August 16, 201, pursuant to Article 56(2) and (1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), the Plaintiff obtained a permit to change development activities to create each land listed in the table Nos. 1, 2, and 3 as a multi-household (multi-household) site under the following table, and received a completion inspection on August 8, 201 after completing development activities.

After changing the area of the land category prior to the change of the parcel number of land before the location, the land category of B C C B 990 square meters (10 square meters) shall be divided into D with the size of 1,00-si B 1,00-si B 990 square meters (10 square meters) 2 E prior to the 304 304 304 F 291273 square meters (18 square meters) divided into G 4 H 389 389 5 I forest land divided into G, 50 50 6 C forest and 990 6 C forest and 990 6 C forest and 130 130 85 85 85 m prior to the division into D, the permitted area of the road to be divided into G 2918, Nov. 1, 292, 200

B. On September 9, 2011, the Plaintiff obtained a building permit to construct a new collective housing on each land listed in Article 11(1)1, 2, and 3 of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) from the Defendant, and obtained approval for the use on August 16, 201, after starting the construction on January 1, 2012.

[hereinafter] The Plaintiff’s each land indicated in the above table (hereinafter “each land of this case”).

(C) the project that newly built the apartment site or the apartment house into the site and newly built the apartment.

On July 23, 2013, the Defendant imposed development charges of KRW 28,626,050 on the Plaintiff (hereinafter “instant disposition”). D.

On October 21, 2013, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Land Expropriation Committee, but was dismissed on August 21, 2014.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Eul evidence Nos. 1, 4, 5, 7, 9, and 11, and the purport of the whole pleadings.

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