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(영문) 수원지방법원 2018.10.02 2018구합64758
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 6, 1971, the Plaintiff completed registration of preservation of ownership as to B forest No. 2,044 square meters (the partial subdivision was made on February 3, 2003 and became 1,964 square meters; hereinafter “instant land”).

B. On June 30, 2016, the Plaintiff entered into an implementation agreement with C on the instant land (hereinafter “instant agreement”) with C, and its main contents are as follows.

Marking of real estate intended to sell: Land of this case

2. Sales proceeds: 350 million won.

3. 1) B(C) shall pay 300,000,000 won per month for a total of 60 months from June 201 to May 2021, 2021 to A (the Plaintiff) by the end of each month. 2) Upon the completion of the payment of a contract deposit, Party A and B shall enter into a land sales contract for the payment of 180,000,000 won of the contract deposit as the down payment for land sale and purchase and the intermediate payment and the balance (17,640,000 won) within one month from this month.

4. A permit to temporarily use and suspend land 1) A shall submit to B a written consent to the use of land, which has been resolved in writing, after entering into this agreement, so that B may use it as land for a factory by obtaining permission for development activities of this land from Ansan City. 2) B shall pay A a total of KRW 60 million from June 2016 to May 2021, 2021, as usage fees of this land, from Jun. 201 to May 2021.

6.(1) Subsequent to a real estate sale contract, a real estate sale contract shall be entered into with the content of a standard sale and purchase contract for the property.(2) Any sale and purchase contract for the property shall be entered into with

C. C, on February 22, 2017, obtained permission from the Defendant for land development for the purpose of the automobile repair shop site construction project (hereinafter “instant project”), and obtained authorization for the completion of the instant project on August 7, 2017.

In the process of the project of this case, the land of this case is partially divided and made April 6, 2017.

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