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(영문) 서울행정법원 2015.09.03 2014구합61293
광역교통시설부담금부과처분취소
Text

1. The Defendant’s imposition of charges for metropolitan transport facilities of KRW 2,487,229,00 against the Plaintiff on March 26, 2014, in the imposition of charges for metropolitan transport facilities of KRW 2,040,394.

Reasons

Details of the disposition

The Minister of Land, Transport and Maritime Affairs (amended by Act No. 11690, Mar. 23, 2013; the Government Organization Act was changed to “the Ministry of Land, Infrastructure and Transport”; hereinafter “the Ministry of Land, Infrastructure and Transport” regardless of the change of name; hereinafter “the Ministry of Land, Infrastructure and Transport”) designated the “F Bogeumjari District” as an executor, while designating the Korea Land and Housing Corporation as an executor in order to promote the Bogeumjari Housing District development project under Article 6(1) of the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by the Special Act on the Construction of Public Housing, etc. on January 14, 2014; hereinafter “the Bogeumjari Housing Act”) on June 3, 2009, the Ministry of Land, Transport and Maritime Affairs announced B on June 3, 2009, as Seoul, Gangnam-gu Seoul, D, and Eth daywon 940,361 square meters (which was finally changed to 938,922.6 square meters).

On September 28, 2009, the Korea Land and Housing Corporation has obtained approval from the Minister of Land, Infrastructure and Transport for the project to develop the Bogeumjari Housing District.

The Korea Land and Housing Corporation supplied 521,813 square meters of the housing site in the instant Bogeumjari Housing District as above in order to prepare the project cost for the development of the said Bogeumjari Housing District, and on September 20, 201, the Plaintiff purchased G block (Seoul-gu or Ix 80,298 square meters; hereinafter “instant site”) among them in KRW 466,531,380,000.

On March 27, 2012, the Plaintiff entered into a housing construction project after obtaining approval from the Defendant to construct and supply underground floors exceeding national housing size (85 square meters) in the instant site pursuant to Article 16 of the Housing Act, apartment houses of 20 Dong-dong 1,020 and ancillary and welfare facilities of 15 stories on the ground.

(hereinafter “instant housing construction project”). The Defendant, on March 26, 2014, does not exceed the “Special Act on the Management of Intercity Transport in Metropolitan Areas” to the Plaintiff.

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