1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Details of the disposition;

A. The Plaintiff is implementing a housing redevelopment project (hereinafter “instant project”) with a content that constructs and supplies multi-family housing of a total of 802 households within the business zone with a total of 33,061 square meters in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant business zone”).

B. After completing the general sale of multi-family housing newly constructed as the instant project, the Plaintiff submitted to the Defendant materials, such as the details of the sales contract and the purchaser of the sales in lots, around August 2016.

C. On December 8, 2016, based on Articles 5(1) and 5-2 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (Amended by Act No. 14569, Feb. 8, 2017; hereinafter “School Sites Act”) and Article 5-2 of the former Enforcement Decree of the School Sites Act (Amended by Presidential Decree No. 28295, Sept. 19, 2017); the Defendant issued a disposition imposing KRW 486,276,300 on the Plaintiff for the general sale of multi-family housing units under the instant project (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 11, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion is continuously decreasing the number of students of elementary, middle, and high schools in Dongdaemun-gu Seoul, where the instant project area is located, and the number of students increased due to the instant project is sufficient to accommodate in neighboring schools, and it is anticipated that the instant project will not create demand for the establishment of schools due to the instant project. Therefore, the instant disposition taken on a different premise is unlawful by abusing or abusing discretion.

(b) as shown in the attached Form of the relevant statutes;

C. 1) Determination 1) The nature of the charges for school site and the charges for school site under the conditions of justification are either elementary, middle, or high schools among demand for public facilities increased due to housing construction exceeding 300 households.