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(영문) 수원지방법원 2017.11.16 2017구합65754
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. B, jointly with the Defendant on March 11, 2010, obtained permission to convert a mountainous district to convert a mountainous district for the exclusive purpose of 4,950 square meters of forest E 16,364 square meters of forest land in Gwangju-si, Gwangju-si (hereinafter “Dri”) (hereinafter “instant land before the instant subdivision”), and for the exclusive purpose of 4,950 square meters of forest land (hereinafter “the land before the instant subdivision”), and for the exclusive period, “one-class neighborhood living facilities (retail stores)” and “within December 31, 2011 from the date the building permit was issued,” and obtained permission to convert a mountainous district to convert a mountainous district for the exclusive purpose of 2,960 square meters of forest land from the Defendant on September 3, 2010.

B. On October 8, 2010, B divided the instant land before the instant subdivision into F, etc., and divided the said land again into G 1,960 square meters of forest land (hereinafter “the instant primary subdivision”) on the same day. On January 31, 2012, B completed the registration of transfer of ownership with respect to the instant primary subdivision of land to the Gwangju Industry Development Co., Ltd. (hereinafter “S Transmission Industry Development”).

C. On May 17, 2013, the Plaintiff purchased 496 square meters of the instant first-divided land from the development of the Gwangju Industry from the purchase price to KRW 87,00,000 (amount in a certified copy of the register). On July 4, 2013, the Plaintiff completed the registration of ownership transfer regarding shares of KRW 496/1960 of the instant first-divided land.

On September 2013, the Plaintiff filed a report on the change of a mountainous district to which the person who was permitted to convert a mountainous district, which had already been 496 square meters of the instant land from among the instant first partitioned land, was the Plaintiff as the Plaintiff, and the purpose of the exclusive use is to create a detached housing site, and the period of the exclusive use is to be changed from October 2013 to September 2014. On October 2, 2013, the Plaintiff filed a report on the change of a mountainous district conversion to which the permission to convert a mountainous district was granted. On October 2, 2013, the Plaintiff filed a report on the change of a mountainous district to which the 496 square meters of the instant first partitioned land as the site area was 64.1

(E) It was changed to a building area of 83.81 square meters and a total floor area of 147.97 square meters).

Since then, the first partitioned land of this case is deemed to be the land of this case, which is less than 496 square meters of H-land around November 6, 2013.

The plaintiff was divided into two parts, and the plaintiff was made on March 2013.

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