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(영문) 서울행정법원 2013.09.10 2012구합30165
기반시설부담금부과처분취소
Text

1. The Defendant’s disposition of imposition of KRW 1,618,95,620 against the Plaintiff on June 28, 2012 is revoked.

2...

Reasons

1. Details of the disposition;

A. On October 22, 2008, the same stock company prior to the division (hereinafter “previous company”) acquired the status of the owner of the building permit (hereinafter “instant building permit”) from Embnb F&P (hereinafter “E”) and filed a report on the change of the owner to the Defendant on November 3, 2008.

Location: Scale and total floor area of a building with a size of 1004 5431.6 m2 (hereinafter “instant site”) in Gangnam-gu, Seoul: Underground floor, 18 m2, building area of 3,248.1m2, total floor area of 48,571.5 m2: Accommodation, sports, and neighborhood living facilities, and other buildings: The above building has been modified on a total of eight occasions, as follows. The building before and after the above design modification is collectively referred to as “instant building.”

B. On December 1, 2008, the Plaintiff was established by division from the previous company and changed the name of the instant owner to the Plaintiff on the 30th day of the same month.

In addition, the plaintiff purchased the site of this case on May 29, 2009 and the same year.

6. 5. The following day after the registration of ownership transfer was completed, trusted to Korea Asset Trust Co., Ltd. (hereinafter “Korea Asset Trust”).

C. On April 13, 2010, the Plaintiff changed the instant building to the 7th underground floor, 18th ground floor, 2,658.08 square meters of a building area, 43,839.78 square meters of a total floor area, and the 6th design change on December 7, 2012, changing the building area to the 43,798.61 square meters of a total floor area, and the 7th design change on February 29, 2012, changing the use of the 1,2nd floor of the instant building from the neighborhood living facilities to the business facilities and changing the location of some main entrance, elevator, etc., and obtained the permission for each of the above design change from the Defendant.

On May 25, 2012, the Plaintiff completed the instant building and applied for approval for use to the Defendant.

E. The Defendant, on June 28, 2012, was repealed by Act No. 9051 on March 28, 2008, to the Plaintiff.

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