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(영문) 대전지방법원 2015.09.02 2014구합103007
학교용지부담금 부과처분 취소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On January 16, 2013, the Plaintiff implementing the Bogeumjari Housing Construction Project changed the name of the competent authority from the Ministry of Land, Transport and Maritime Affairs to the Ministry of Land, Transport and Maritime Affairs due to the amendment of the Government Organization Act on March 23, 2013, and thus, the name is entered into the Ministry of Land

In accordance with the former Special Act on the Construction of Bogeumjari Housing, etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Bogeumjari Housing Construction Act”), the Minister obtained approval for the construction plan of the Bogeumjari Housing under the same Act, and completed the sale of the apartment (hereinafter “the instant project”) by supplying 1,623 households with the exclusive use area of 84 square meters to the 1-1 residential unit M10 households in the area of the multifunctional administrative city (hereinafter “multifunctional administrative city”) in Yeong-gun, Chungcheongnam-gun under the Special Act on the Construction of the Multifunctional Administrative City in Yeong-gun area for Follow-gun for Follow-do for Follow-do Measures for Follow-up of New Administrative Capital.

B. Under the Special Act on the Establishment of Sejong Special Self-Governing City and the Imposition and Payment of Charges for School Sites (1) in order to establish Sejong Special Self-Governing City enacted on December 27, 2010, Defendant Sejong Special Self-Governing City, which is a multifunctional administrative city, was established in the area for

(2) Pursuant to Articles 5(1) and 5-2 of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “Special Cases for School Sites”), the head of Sejong Special Self-Governing City (hereinafter “Defendant Sejong Special Self-Governing City”) imposed charges of KRW 1,725,367,680 on the Plaintiff on May 1, 2014 on the subject of construction of new block M 1-1 living zone (hereinafter “Special Cases for School Sites Act”); and imposed charges of KRW 2,895,26,160 on the subject of construction of new block M 1-3 living zone (hereinafter “Special Cases for School Sites”).

(3) On June 2, 2014, the Plaintiff is above the Defendant Sejong Special Self-Governing City (hereinafter “Defendant Sejong Special Self-Governing City”).

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