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(영문) 부산지방법원 2019.01.17 2018구합21959
학교용지부담금 부과처분 취소
Text

1. The Defendant’s disposition of imposition of KRW 1,052,216,560 against the Plaintiff on February 28, 2018 is revoked.

2...

Reasons

1. Details of the disposition;

A. On September 11, 2008, the Plaintiff is an urban environment improvement project association established with approval for the establishment of an association from the Defendant on September 11, 2008 in order to implement an urban environment improvement project (hereinafter “instant project”).

B. On February 21, 2007, the Busan Metropolitan City Mayor designated the Busan Metropolitan City Dong-gu D D D as a Aurban Environment Improvement Zone. The above notice was written on 324 households (existing 345 households, planning 669 households) that are expected to increase as a result of the implementation of the improvement project.

On May 2, 2012, the Plaintiff was authorized to implement a project on May 2, 2012, 214 housing units, 214 housing units, 71 housing units, 408 housing units, 463 housing units, 871 housing units, and 788 housing units.

on May 9, 2012, Busan Metropolitan City Notice E.C.

On October 19, 2015, the Plaintiff obtained authorization for the implementation of a management and disposition plan to newly construct 752 units of multi-family housing on April 4, 2016, with the content that the Defendant reduces the number of households from 788 to 752 units (78 units - 752 units) (F in the notification of the Busan Metropolitan City Dong-gu, Busan Metropolitan City on October 21, 2015).

(G) d April 6, 2016 public notice of Dong-gu Busan Metropolitan City.

On February 13, 2018, the Plaintiff submitted data on school site charges to the Defendant. Accordingly, on February 28, 2018, the Defendant imposed charges of KRW 1,411,287,280 on the premise that the number of households increased by the instant project to the Plaintiff is 520 households (i.e., selling price of multi-family housing by household 176,410,910,000 x 8/1,000), and on March 20, 2018, the Plaintiff paid the above school site charges to the Defendant on March 20, 2018.

E. Meanwhile, on March 19, 2018, the Plaintiff’s existing number of households as of March 19, 2018, based on the date of public notice on the designation of a rearrangement zone for the Defendant, is 345 households. The number of households increased according to the modified management and disposal plan (=752 households – 345 households), and is reserved land among them.

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