logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.10.13 2015구합21627
개발부담금부과처분취소
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 December 7, 201, the Plaintiff started to create a site for multi-family housing (hereinafter “instant project”) with respect to the instant land of 4,532 square meters in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, 268, and 311-1 square meters in the same Ri, 192 square meters (hereinafter collectively referred to as “instant land”), and obtained approval from the housing construction project plan, and obtained approval for use on January 29, 2014.

B. The Defendant determined that the instant project is subject to development charges pursuant to the Restitution of Development Gains Act (hereinafter “Development Gains Restitution Act”), and on April 3, 2014, the Defendant calculated the land price as of the starting point based on the officially assessed individual land price of the instant land as indicated below, and imposed KRW 82,515,800 for each development charges, based on the officially assessed land price of the reference land which is the most similar to the use of the instant land at the time of approval of use (land in the Nam-gu, South-do, South-do) as of the date of approval of use (land in the instant case).

(2) Development costs (x 4,532 square meters x 4,724 square meters) as of the officially announced land price of 1,380,364,931 (294,000 wonx 4,532 square meters) as of the officially announced land price of the relevant year (294,000 wonx 4,532 square meters) shall be 13,436,779 on February 26, 2014 (18,096,228 won) submitted by the Plaintiff (the Service Economic Development Institute) on March 13, 2014 by the Defendant on March 13, 2014 (18,096,228 won).

C. Accordingly, the Plaintiff filed an administrative appeal with the Central Land Expropriation Committee, and the Central Land Expropriation Committee on December 18, 2014, on the ground that “development charges for the instant project shall be calculated and imposed at the starting point based on the purchase price of the instant land.”

The decision was made to cancel the imposition of the development charges stated in the paragraph.

Section 1. The land price at the time of termination is 3,091,858,00.

arrow