1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Details of the disposition

On November 25, 2011, the Plaintiff implemented the instant housing construction project that supplied public-sale apartment units of 51 m2 to 518 m2 and 74 m26 m2 with public-sale apartment units of 324 m2 and 84 m22 m2 to the district B1 block and B2 block, after obtaining approval for modification of the project plan pursuant to the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Bogeumjari Housing Construction Act”). The Plaintiff completed the sale of the apartment units.

The Defendant imposed charges for school site on the Plaintiff pursuant to Articles 2 and 5 of the Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter “Special Cases Act”), on January 30, 2013, charges for school site charges of KRW 699,572,00, and charges of KRW 516,032,00,00, on March 18, 2013, on which the construction of the above B2 block apartment is subject to imposition.

(hereinafter referred to as “instant disposition” collectively). 【The ground for recognition” is a project implemented pursuant to the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, the Industrial Sites and Development Act (hereinafter referred to as the “Building Act, etc.”) and the project implemented pursuant to the former Bogeumjari Housing Construction Act is not included in the following projects:

In accordance with Articles 18 and 35 of the former Act on the Construction of Bogeumjari Housing, when approval of a plan for a Bogeumjari housing district or approval of a plan for a Bogeumjari housing project is granted, authorization, permission, etc. is deemed granted under the Building Act, or under Article 40 of the former Act on the Construction of Bogeumjari Housing.