1. The Defendant’s disposition of imposition of KRW 341,042,120 against the Plaintiff on February 3, 2016 shall be revoked.

2...

1. Details of the disposition;

A. The Plaintiff is the Housing Redevelopment and Improvement Project Association established to implement a housing redevelopment project with the size of 12-37 square meters in Seongdong-gu Seoul Metropolitan Government as a rearrangement project zone (hereinafter “instant project zone”).

B. The Plaintiff requested the Defendant to approve the sale of new real estate in the instant project zone by submitting a public notice of invitation of invitation for sale stating the amount of sale in general for 47 households for which the sales contract was concluded during the period from October 10, 2013 to December 12, 2015 (hereinafter “instant sales household”) among the newly-built real estate in the instant project zone.

However, the Plaintiff concluded the sales contract with the sales price at a discount than the general sales price for the sales price for the sales household of this case.

C. Accordingly, in imposing charges for school sites on the Plaintiff pursuant to Article 5 of the Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter “School Sites Act”), the Defendant applied 8/1,000 of the amount of charges for school sites to the Plaintiff on February 3, 2016 by applying the imposition rate of 341,042,120 to the amount of charges for school sites on the general sale on the public notice of invitation of invitation of residents, not discounted

(hereinafter "Disposition in this case"). 【No dispute exists, Gap evidence 1, Gap evidence 2, Gap evidence 6-1 through 47, Eul evidence 1 through 47, and the purport of the whole entries and arguments in Gap evidence 1 through 4.

2. Whether the instant disposition is lawful

(a) as shown in the Attachment of the relevant statutes;

B. Article 5-2(1) and (2) of the School Sites Act provides that, in the case of multi-family housing, 8/1,000 shall be calculated as school site charges based on the “sale price” of multi-family housing by household, and Article 5-2(1) and (2) of the Enforcement Decree of the School Sites Act (hereinafter “Enforcement Decree of the instant case”).

Where a development project operator sells multi-family housing, he/she shall submit materials for sale, such as a contractor for sale or supply, and a contract for sale or supply.