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(영문) 수원지방법원 2019.06.27 2018구합1900
개발부담금부과처분 무효확인등
Text

1. Of the instant lawsuit, the Defendant imposed development charges of KRW 63,420,170 on the Plaintiff on August 8, 2017.

Reasons

1. Details of the disposition;

A. On April 23, 2012, the head of Suwon-si District Office: (a) rendered a building permit to construct a building of the Plaintiff’s building site size B and C; and (b) Class I neighborhood living facilities (retail stores, retail stores, and resting restaurants) for the main purpose of the Plaintiff on April 23, 2012. On November 22, 2012, the head of Suwon-si District Office: (a) granted the first permission to change the site location of the said building permit from Suwon-si District D, E, to 2,382 square meters; (b) on June 18, 2012, the “Y-si District B” was divided into “Y-si District D; and (c) the “Y-si District C” was converted into “Y-si Si and Ma-si”; and (d) the instant building site size was divided into “M-si, 2032, 205 square meters and below the instant building site size.”

A) On July 30, 2014, a three-dimensional permission was granted to change the site area into 609 square meters. 2) As the site area at the time of the instant secondary permission for change was reduced, the site area was 523 square meters outside the G of the G of Permitted-si (hereinafter “instant site for reduction”) and the site for reduction of 589 square meters outside the G of Permitted-si (hereinafter “instant site for reduction 1”); and the site for reduction of 1 and 2 was excluded from the land subject to the instant permission for construction.

B. On August 10, 2009, the Plaintiff of the land excluded from each reduction of ownership completed the registration of ownership transfer on the ground of sale on August 7, 2009 with respect to two-six-six shares of each of the instant land excluded from each reduction.

On June 27, 2012, the Plaintiff completed the registration of transfer of ownership on the ground of sale on February 21, 2012 with respect to each of the 833/614 of the site excluded from reduction, which is part of the two-six shares of each of the above 6 shares to I Co., Ltd. (J prior to the change of trade name).

After July 31, 2012, I Co., Ltd. 2/3 of the site excluded from each reduction of this case.

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