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1. The Defendant’s disposition of imposing development charges against the Plaintiff on March 5, 2014 shall be revoked.
2. The costs of the lawsuit are assessed against the defendant.
Reasons
1. Details of the disposition;
A. D 2,644 square meters (hereinafter “C”) in paddy field 2,644 square meters (hereinafter “one land before division”) at the time of strike before and after the division (the name of the administrative district was changed, and the name was changed; hereinafter “C”) and Eap field 72 square meters adjacent thereto (hereinafter “second-party land before division”) are located in a planned management area as a F owner whose original construction company had completed the registration of ownership transfer on November 3, 2006 due to sale and purchase as of November 3, 2006, and F purchased the first land in the total of KRW 880,000,000,000,000 won, and the second land before division in the total of KRW 25,630,000,000,000.
B. On May 2009, F decided to sell land Nos. 1 and 2 (the first land before the division shall be in the status of provisional division as indicated in the separate sheet) before the division, and entered into the following sales contract with the Plaintiff, G, H, and I (hereinafter “Plaintiff, etc.”). At the time of each of the above sales contract, F entered into a contract with the Plaintiff, G, H, and I (hereinafter “Plaintiff, etc.”). At its own expense, F agreed to complete the registration of ownership transfer by obtaining permission for the development of land Nos. 1 and 2 before the division.
On May 18, 2009, the price for the date of concluding the contract for the land and the area subject to buyer - KRW 1,322,00,000 on May 18, 2009 - KRW 150,000,000 for the down payment and the intermediate payment - KRW 77,000,000 on May 14, 2009 - KRW 25,000,000 on May 14, 2009 - The intermediate payment - KRW 5,000,000 for the intermediate payment - The remainder of KRW 36,5,000,000 on May 18, 2009, KRW 661,360,000 on May 18, 2009, KRW 172,777,000,000 on the land prior to the split-off, KRW 25,000,00.
C. On June 11, 2009, the Plaintiff et al. filed an application with the Defendant for permission to engage in development activities on each of the above lands, along with F’s written consent to use the land.