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(영문) 부산지방법원 2020.01.30 2019구합23761
학교용지부담금 부과처분무효확인
Text

1. The Defendant’s imposition disposition of KRW 413,806,540 against the Plaintiff on May 24, 2019 is null and void.

Reasons

1. Details of the disposition;

A. On May 9, 2012, the Plaintiff was granted authorization to implement an urban environment improvement project with respect to the construction of 788 units of multi-family housing from the Defendant to the Busan Dong-gu B (hereinafter “instant project”).

B. On May 2, 2012, the Plaintiff obtained a project implementation authorization from the Defendant to reduce the number of multi-family housing units to 752 households. On April 4, 2016, the Plaintiff obtained an amendment authorization to the management and disposition plan regarding the instant project.

C. On February 13, 2018, the Plaintiff submitted data related to the charges for school sites to the Defendant. On February 28, 2018, the Defendant imposed on the Plaintiff the charges for school sites in accordance with Articles 5(1) and 5-2(1) and (2) of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 15309, Dec. 26, 2017; hereinafter “former School Sites Act”), pursuant to Articles 5(1) and 5-2(1) and (2) of the former Act on Special Cases Concerning the Securing, etc. of School Sites (the amount calculated on the basis of 520 households increased).

Around that time, the Plaintiff paid the full amount of the above school site charges of KRW 1,411,287,280 to the Defendant.

On March 19, 2018, the Plaintiff requested on March 19, 2018, the Defendant to return the amount exceeding KRW 39,070,70,0720 (=1,411,287,280,280 - 1,052,216,560 on the basis of the date of public notice on the public inspection of the designation of the rearrangement zone of the instant project and the remaining 397 households (i.e., 752 households - 345 households - 10 households), excluding the existing 345 households as of the date of public inspection of the designation of the rearrangement zone of the instant project. On March 23, 2018, the Defendant refunded the above difference to the Plaintiff on March 23, 2018.

(hereinafter excluding the above refund, the imposition of the remaining KRW 1,052,216,560 is e.g., the preceding disposition.

On May 30, 2018, the Plaintiff filed a lawsuit with the Busan District Court seeking the revocation of the instant preceding disposition (2018Guhap21959). On January 17, 2019, the said court made public announcement of the designation of the rearrangement zone by the Defendant.

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