2015Nu22707 Revocation of revocation of the imposition of development charges

Korea New Co., Ltd.

The head of Ulsan Metropolitan City North Korea;

Ulsan District Court Decision 2014Guhap1622 Decided August 13, 2015

April 6, 2016

May 18, 2016

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The Defendant’s imposition of development charges of KRW 378,565,550 imposed on the Plaintiff on March 22, 2014 is revoked.

2. Purport of appeal

The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

1. Quotation of judgment of the first instance;

The reasons for the use of this case are as stated in the reasoning of the judgment of the court of first instance. Thus, the court accepted this case pursuant to Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act (Article 12(1)6 of the former Enforcement Decree of the Development Gains Restitution Act (amended by Presidential Decree No. 25452, Jul. 14, 2014; hereinafter referred to as the "former Enforcement Decree of the Development Gains Refund Act"), which is the basis for the imposition of the development charges of this case, and Article 12(1)6 of the former Enforcement Decree of the Development Gains Restitution Act (amended by Presidential Decree No. 25452, Jul. 14, 2014; hereinafter referred to as the "former Enforcement Decree of the Development Gains Refund Act"), and therefore, the "General Ordinance" cannot be applied to the business of this case, and ultimately, the disposition of this case is unlawful, excluding the whole value of the donation facilities of this case from the development costs of this case.

2. Conclusion

If so, the plaintiff's claim is reasonable, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

judges of the presiding judge;

Judges Park Jae-young

Judges Lee Sang-hoon