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(영문) 서울고등법원 2016.01.20 2014누73809
학교용지부담금부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. The charges for school sites that the Defendant paid to the Plaintiff on November 14, 2013 are KRW 5,723,322,640.

Reasons

Details of the disposition

① On August 5, 2008, the Minister of Land, Transport and Maritime Affairs announced publicly by the Ministry of Land, Transport and Maritime Affairs, pursuant to Article 2008-393 of the Ministry of Land, Transport and Maritime Affairs, comprehensively succeeded to the rights and obligations of the Korea National Housing Corporation (the Korea Land and Housing Corporation has succeeded to the Korea National Housing Corporation on October 1, 2009, according to the Korea Land and Housing Corporation Act; hereinafter in general succession, regardless of whether it was before or after such comprehensive succession, he/she shall be limited to the Korea Land and Housing Corporation), in accordance with the Housing Site Development Promotion Act, changed the number of members of the Songpa-gu, Songpa-gu, Changdong, Changdong-dong,

② The Korea Land and Housing Corporation applied for approval of the housing site development implementation plan on December 30, 2008, and the Minister of Land, Transport and Maritime Affairs announced the approval on November 3, 2010.

③ On January 3, 2012, the Minister of Land, Transport and Maritime Affairs issued a public notice of approval for the "A3-8BL Bogeumjari Construction Project within the housing site development zone" (hereinafter "the project in this case") with the following contents as the project implementer under the Act on Special Cases concerning the Construction of Bogeumjari Housing, Etc. by the Ministry of Land, Transport and Maritime Affairs (No. 201-85).

Project outline and site location: The total floor area of 81,080 square meters and the total area of each site: 240,602.60 square meters and each of 81,080 square meters: 14 apartment buildings (public sale 1,657 households, 14-28 floors), incidental facilities, welfare facilities, project cost: 53,55,928, and project cost: 553,555,928, the project period: December 12, 201 through December 19, 2015, the Minister of Land, Transport and Maritime Affairs announced by the Ministry of Land, Transport and Maritime Affairs under Article 2012-813 of the Ministry of Land, Transport and Maritime Affairs, changing the business entity of this case from the Korea Land and Housing Corporation to the Plaintiff.

⑤ Upon completion of August 27, 2013, the Plaintiff’s sales to 1,673 apartment units newly built pursuant to the instant project on September 26, 2013, indicated the total sum of the sales price (715,415,330,00 won) and the sales price of the said 1,673 apartment units.

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