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(영문) 수원지방법원 2020.12.24 2019구합71968
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts that there has been no dispute over the disposition;

A. Article 56(1)1 of the National Land Planning and Utilization Act provides that “Any person who intends to engage in an act prescribed by Presidential Decree, such as changing the form and quality of land, shall obtain permission from the Mayor” on November 13, 2017 for the purpose of creating a site for neighborhood living facilities with respect to land purchased on September 14, 2017 (hereinafter “instant land”) and Article 51(1)3 of the Enforcement Decree of the National Land Planning and Utilization Act provides that “the alteration of the form and quality of land subject to permission for development activities pursuant to Article 56(1) of the Act shall be construed as “the alteration of the form and quality of land by cutting, raising, leveling, and paving land” as “the alteration of the form and quality of land and the reclamation of public waters”.

After obtaining permission (hereinafter referred to as “instant permission”), the Plaintiff is engaged in development activities [the Plaintiff is a Co., Ltd. (hereinafter referred to as “C”).

(1) On June 21, 2018, Article 62(1) of the Act provides that “A person who has obtained permission from the Defendant to engage in an act referred to in Article 56(1)1 shall undergo a completion inspection at the market upon completion of the development activity, as prescribed by Ordinance of the Ministry of Land, Infrastructure and Transport.” (hereinafter referred to as “the Act prior to amendment by Act No. 17007, Feb. 18, 2020; hereinafter referred to as “the Act”).

Article 2 subparagraph 2 of the Act shall include authorization, permission, licenses, etc. and reports from the State or a local government; hereinafter referred to as "authorization, etc.")

The term "housing site development project" means a project under Article 5, such as housing site development projects.

Article 5 (1) 7 provides that "projects prescribed by Presidential Decree as projects accompanying a change of land category" shall be the development project subject to the imposition of development charges, and the former development gains.

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