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(영문) 수원지방법원 2020.08.13 2019구합71081
개발부담금부과처분취소
Text

The main claim in the lawsuit of this case shall be dismissed.

The plaintiff's preliminary claim is dismissed.

The costs of lawsuit.

Reasons

1. Details of the disposition;

A. Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) obtained approval for the establishment of a factory from the Defendant on August 2, 2010 with respect to the land of 3,344 square meters in Mari-si (hereinafter “Cri-si”) and 473 square meters in E salt farms, and 526 square meters in F salt farms (hereinafter “instant project site”). These land were transferred to G, H, and I on July 20, 2010, respectively, and each land category was changed to land for a factory on July 3, 2017.

B. While the non-party company was implementing the project to build a factory site in the instant project site, the instant project site was voluntarily decided to commence auction on June 27, 2012 by the non-party J, the mortgagee of the right to collateral security, and the non-party K limited liability company acquired the ownership on November 27, 2015 in the said voluntary auction procedure.

On July 1, 2016, the Plaintiff purchased the instant project site from the said K Limited Company, and completed each registration of ownership transfer on the instant project site on August 31, 2016.

C. On September 29, 2016, the Plaintiff acquired the ownership of the instant project site and conducted the construction of a factory site and a new factory construction project (hereinafter “instant project”), and obtained approval for alteration of factory establishment from the Defendant pursuant to Article 13 of the Industrial Cluster Development and Factory Establishment Act and Article 19(3) of the Enforcement Decree of the same Act.

(The main contents are to change the subject of factory establishment from the non-party company to the plaintiff, and to change the newly constructed area from the existing 1,650 square meters to 975 square meters).

On December 2, 2016, the Plaintiff obtained a construction permit for the construction of two new factories (487.5 square meters for each total floor area) on the ground of the instant project site, and completed the construction, and obtained approval for the use on July 6, 2017.

E. On August 24, 2018, the Defendant imposed development charges of KRW 105,470,410 on the Plaintiff regarding the instant project pursuant to Article 14 of the Restitution of Development Gains Act (hereinafter “Development Gains Restitution Act”). The Plaintiff received the written disposition on September 12, 2018.

at the time;

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