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(영문) 수원지방법원 2016.04.21 2015구합67800
개발부담금부과처분취소
Text

1. The Defendant’s imposition of development charges of KRW 237,393,350 against Plaintiff B on May 1, 2014 shall be revoked.

2. The plaintiff.

Reasons

1. Details of the disposition;

A. On August 1, 2006, Plaintiff A donated D 1,300 square meters (this part was originally included in E, E, 541 square meters, but was divided into D, 2,704 square meters on December 28, 2007, and the area was changed to 1,300 square meters on October 29, 2012, and was changed to 1,300 square meters on August 30, 2013; hereinafter “instant land 1”). The same land category was changed to 1,300 square meters on August 30, 2013.

4. Upon completing the registration of ownership transfer, on April 3, 2013, the Plaintiff-B acquired through the exchange between F & 165 square meters (this part was originally located in G, G, 4655 square meters, but was divided into G, 165 square meters on October 29, 2012, and was changed to the same land category as at August 30, 2013; hereinafter “instant second land”).

4. Completion of the registration of ownership transfer.

(hereinafter referred to as “each of the instant lands” is referred to as “each of the instant lands.”

Plaintiff

A In December 29, 2011, on the ground of 1,527 square meters of 1,527 square meters of Da Sung-si D, a development permit (permission number H) was obtained for the purpose of site creation of Class II neighborhood living facilities (601.7 square meters of building area, office of 601.7 square meters of total floor area, general restaurants, repair stores). On April 27, 2012, 1,465 square meters of land in 1,465 square meters of G land, G land, 7,359 square meters of land, 1,465 square meters of land (building area, 582.81 square meters of building area, 1,024.13 square meters of total floor area, 1,024.13 square meters of general restaurants), development permit (permission number I) was obtained for the purpose of site creation of land for each of the instant land, 2012.

(hereinafter referred to as the “instant development act” is deemed to have been permitted.

On the other hand, on November 13, 2007, C, the Plaintiff’s attached, is Class 1 and 2 on the ground of 2,424 square meters on the land of E, E, 5,728 square meters (hereinafter “previously developed land”).

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