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(영문) 대전고등법원 2017.03.09 2016누12330
학교용지부담금부과처분취소
Text

1. Revocation of a judgment of the first instance;

2. On November 28, 2014, the Defendant against the Plaintiff, Hansan-dong Two District B1 block.

Reasons

1. The court's explanation concerning this part of the grounds for the decision of the court of first instance is the same as the corresponding part of the reasons for the decision of the court of first instance. Thus, this part is cited in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of

2. Whether the instant disposition is lawful

A. The legal interpretation that serves as the basis for imposing the Plaintiff’s charges for school sites ought to be strict, and an expanded interpretation or analogical interpretation is prohibited.

Article 2 subparag. 2 of the former Act on Special Cases concerning the Construction of Bogeumjari Housing (hereinafter referred to as the "Building Act, etc.") is limited to projects implemented under the Building Act, the Urban Development Act, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Housing Act, the Housing Site Development Promotion Act, the Industrial Sites and Development Act (hereinafter referred to as the "Act") which are subject to the imposition of school site charges. The projects implemented under the former Act on

Therefore, the instant disposition that imposed the school site charges under the former Act on Special Cases of School Sites on the instant housing construction project implemented pursuant to the former Bogeumjari Housing Construction Act is unlawful.

(b) as shown in the attached Form of the relevant statutes;

C. 1) The former Act on Special Cases concerning the Creation, Development, and Supply of School Sites for Public Elementary Schools, Middle Schools, and High Schools, which provides for special cases concerning the creation, development, and supply of school sites for public elementary schools, refers to the creation and development of land for housing construction exceeding 100 households or the construction of multi-family housing among projects implemented under the Building Act, etc., and the term “charges for school sites” in subparagraph 3 of Article 2 of the same Act means expenses collected from development projects by the Special Metropolitan City Mayor, a Metropolitan City Mayor, a Metropolitan City Mayor, or a Special Self-Governing Province Governor in order to secure school sites or to extend existing schools in close proximity where procuring school sites is impossible.

(b) the Gu.

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