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(영문) 서울고등법원 2016.09.23 2015누60312
광역교통시설부담금부과처분취소
Text

1.The judgment of the first instance shall be modified as follows:

The defendant limited to the plaintiff on March 26, 2014.

Reasons

Details of the disposition

The Minister of Land, Transport and Maritime Affairs (amended by Act No. 11690, Mar. 23, 2013; the Government Organization Act was changed to “the Ministry of Land, Infrastructure and Transport”; hereinafter “the Ministry of Land, Infrastructure and Transport” regardless of the change of name; hereinafter “the Ministry of Land, Infrastructure and Transport”) designated a housing zone as an implementer under Article 6 (1) of the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 12251, Jan. 14, 2014; hereinafter “the Bogeumjari Housing Act”) as the Ministry of Land, Transport and Maritime Affairs public notice B of June 3, 2009, in order to implement a project for the development of the Bogeumjari Housing Zone under Article 6 (1) of the "the Special Act on the Construction, etc. of Bogeumjari Housing, etc. (hereinafter “the Housing Corporation”) as the Seoul Gangnam-gu Seoul, D, E, and 940,361 square meters (hereinafter “the Housing Zone as the implementer”).

On September 28, 2009, LH Corporation obtained approval from the Minister of Land, Infrastructure and Transport for a housing zone development project of this case from the Minister of Land, Infrastructure and Transport and implemented the housing zone development project of this case.

LH Corporation supplied 521,813 square meters of a housing site to be created in order to prepare the cost for the instant housing zone development project, and on September 20, 201, the Plaintiff purchased G block (Seoul-gu or I large area of 80,298 square meters; hereinafter “instant site”) among them in KRW 466,531,380,000.

On January 20, 2012, the Plaintiff filed an application with the Defendant for the approval of the housing construction project plan with the content of building and supply of underground floors exceeding national housing size (85 square meters) in the instant site pursuant to Article 16 of the Housing Act, apartment houses of 20 Dong-dong 1,020, and ancillary and welfare facilities of 15 stories above ground.

On March 27, 2012, the Plaintiff obtained approval of the above business plan from the Defendant and implemented the said business.

(hereinafter) The Plaintiff’s housing construction project (hereinafter “instant housing construction project”). The Defendant on March 2014.

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