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(영문) 서울고등법원 2017.08.24 2017누49159
개발부담금부과처분 무효확인등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The Defendant:

A. The Plaintiff on January 5, 2016

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is the same as that of the judgment of the court of first instance, except for the following parts, and thus, the same is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. On the fifth second part of the judgment of the court of first instance, "the plaintiff is permitted to engage in development activities" as "the plaintiff company is permitted to engage in development activities."

Part 6 of the judgment of the first instance, "paragraph 1-A of the order" in Part 2 of the judgment of the first instance is "paragraph 3-A of the order", "paragraph 1-b, 3 of the order" in Part 6 is "paragraph 3-b and 3 of the order", and "paragraph 1 of the order" in the same behavior is "paragraph 3 of the order."

In addition to the last sentence of Chapter 14 of the judgment of the first instance, the instant disposition is null and void because its defect is serious, and it is preliminary, and the instant disposition should be revoked.

Article 17 and 18 of the first instance judgment provides that “The development gains of the land of this case shall not be enjoyed because it is merely a security trust that claims remuneration or conducts disposal only upon the request of a priority beneficiary, etc., and thus, it is different from the land development trust.”

The seventh day of the judgment of the first instance shall be less than that of the first instance as follows:

1) A project operator who is a person obligated to pay development charges prescribed in the main sentence of Article 6(1) of the Development Gains Refund Act means a project operator who is a landowner who gains non-income gains from the implementation of a development project, except in extenuating circumstances.

If a real estate trust completes the registration of ownership transfer in the future of a trustee, the ownership is fully transferred to the trustee externally and externally, and the ownership is not reserved against the truster in the internal relationship of the truster, and the property acquired by the trustee due to the management, disposal, operation, development, loss or damage of the trust property and other reasons shall be trust property.

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