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(영문) 서울행정법원 2016.10.28 2016구합5129
개발부담금부과처분취소
Text

1. Development charges imposed by the Defendant on the Plaintiff A on December 1, 2014, 88,353,300 square meters for the Eunpyeong-gu Seoul Metropolitan Government C large 330 square meters.

Reasons

1. Details of the disposition;

A. On December 28, 2006, Plaintiff A purchased 1/2 of the 3,382 square meters of the land before Eunpyeong-gu Seoul Metropolitan Government, which was designated as a development restriction zone (hereinafter “instant land before division”), and “F, which was the Plaintiffs’ puts, purchased on October 15, 2009 the remainder of 1/2 of the said land before division and completed the registration of ownership transfer, respectively.

B. On December 28, 2006, Plaintiff A purchased 1/2 shares out of G large 79 square meters in Eunpyeong-gu Seoul on December 28, 2006, and completed the registration of ownership transfer by purchasing the remaining 1/2 shares out of the above land on September 30, 2009, respectively. On December 28, 2006, Plaintiff A purchased 1/2 shares out of H large 1,127 square meters in Eunpyeong-gu Seoul on December 28, 2006, and completed the registration of ownership transfer by purchasing the remaining 1/2 shares out of the above land on December 13, 2010.

C. On September 3, 2010 and February 14, 2011, Plaintiff A and F divided the instant partitioned land into two occasions, namely, the land located in the Idong of Eunpyeong-gu Seoul Metropolitan Government, and thus, are specified as only once index, since all the land mentioned above is located in the Idong of Eunpyeong-gu, Eunpyeong-gu, Seoul.) The Plaintiff and F divided the instant partitioned land into KRW 778 square meters before E, KRW 778 square meters before J, KRW 913 square meters before K, KRW 200 before K, KRW 252 square meters before L, and KRW 578 square meters before M, and completed the registration of ownership transfer on February 18, 201, respectively.

On March 9, 2011, Nonparty N reported to the Defendant pursuant to Article 14 of the Building Act that a single-story house with a total floor area of 45.54 square meters on the ground of 330 square meters, which was 661 square meters prior to C, and applied for the division of land and the alteration of form and quality pursuant to Article 12 of the Act on Special Measures for Designation and Management of Development Restriction Zones (hereinafter “Restriction on Development Restriction Zones”), and the Defendant permitted the said development activities to N on April 8, 201 after consultation on farmland diversion.

N, after the commencement of July 11, 2012, on April 25, 2013, the design was changed from a detached house to a neighborhood living facility, and on May 8, 2013, the owner was changed to Plaintiff B.

C The previous 661 square meters was divided into 330 square meters and 331 square meters prior to C on September 11, 2013, and the Defendant.

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