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(영문) 대구지방법원 2016.09.30 2015구합22747
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 24, 2012, Nonparty B, the father of the Plaintiff who applied for a building permit, obtained a building permit for warehouse facilities and Class I neighborhood living facilities (hereinafter “instant building permit”) from the Defendant on the ground of 897 square meters in Seog-gu, Chungcheongnam-gu, Chungcheongnam-si and D orchard, and 1,771 square meters in D orchard. Permission for development for the purpose of site creation (hereinafter “instant development project”) was deemed a legal fiction.

B. On September 3, 2012, each of the instant lands and buildings on its ground included in the instant paragraph (a) was combined with C orchard 2,668 square meters on September 3, 2012. This was divided into C orchard 897 square meters and E orchard 1,771 square meters on November 23, 2012. On January 22, 2013, the area of E’s land remains 985 square meters on the ground that the said E orchard 1,771 square meters was further divided into F, and the area of E’s land remains 786 square meters on January 22, 2013 (hereinafter referred to as “1 land”), and after the division, E97 square meters was divided into “2 land”.

(2) On November 26, 2012, B filed an application for the formation of a building register with the main purpose and the current status of the building in two-story block structure (14.64m2 per annum; hereinafter “land 1”) located on the ground of land No. 1, 1972, which had been constructed prior to November 26, 2012 on the land No. 1, entered into the main purpose and the current status of the building as “agricultural store”; accordingly, on December 1, 2012, the building register was created on the ground of land No. 1, and on the same day, the land category of land No. 1 was changed from “water sources” to “ware site”, and filed an application for the change from “water sources” to “the same month.

6. As such, land category has been changed.

3) On December 14, 2012, B filed a report to the Defendant on the change of the use of a building into a single house (39.04 square meters) and a farm household warehouse (75.6 square meters) with respect to a building on the ground of land No. 1 on the same day. On the 17th day of the same month, B filed an application for changing the land category of the land No. 1 from “ware site” to “site”, and the land category was changed as of January 18, 2013.

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