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(영문) 대전지방법원 2014.06.18 2013구합101035
학교용지부담금 부과처분취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. Pursuant to Article 18 of the Special Act on the Construction of Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for the New Administrative Capital (amended by Act No. 12754, Jun. 11, 2014; hereinafter “New Administrative Capital Special Act”), the Plaintiff was designated as a project implementer for the construction of the Multifunctional Administrative City (hereinafter “instant project”).

B. The Plaintiff obtained approval from the Administrator of the Multifunctional Administrative City for the implementation plan of the instant project, and supplied land created under the said implementation plan as a site for detached houses within 1-1 living zones of the Multifunctional Administrative City

C. The head of Sejong Special Self-Governing City shall be the Plaintiff on May 20, 2013, while the Plaintiff shall be the actual user of the multifunctional administrative city supplied by the Plaintiff as of April 11, 2013, and the same year from April 29, 2013, out of 384 parcels of detached housing for the multifunctional

5. By December, 200, based on Articles 5 and 5-2 of the Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter “Special Act”), 491,453,600 won was imposed on 123 parcels (the contract amount of KRW 35,103,831,70) for which the contract was concluded, but the amount of KRW 491,453,60 was reduced or corrected to KRW 486,51,650 on August 26, 2013 (hereinafter “instant disposition”), and the Plaintiff paid KRW 486,51,650 to Defendant Sejong Special Self-Governing City on September 10, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including branch numbers, if any) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The interpretation of the law that serves as the basis for imposing the Plaintiff’s charges for school site should be strict, and an expanded interpretation or analogical interpretation is not allowed.

The development projects subject to the Act on Special Cases of School Sites shall be governed by the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, and the Industrial Sites and Development Act (hereinafter referred to as the "Building Act, etc.").

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