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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On February 6, 2014, the Plaintiff obtained from the Defendant permission to engage in development activities for the purpose of site creation of Class I neighborhood living facilities (retail stores) pursuant to Article 56(1) of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”) with respect to 1,99 square meters (hereinafter “land”).
B. The Plaintiff completed a completion inspection on October 22, 2014 pursuant to Article 62(1) of the National Land Planning Act. On November 11, 2014, the Plaintiff: (a) was divided into 262 square meters, excluding the land portion; and (b) was 262 square meters in C (hereinafter “B land”); and (c) was 262 square meters in common name.
C. On December 3, 2014, the Plaintiff obtained permission from the Defendant for the development of a site for Class I neighborhood living facilities (retail stores) pursuant to Article 56(1) of the National Land Planning and Utilization Act with respect to land. After completing the said permission, the Plaintiff underwent a completion inspection pursuant to Article 62(1) of the said Act on December 16, 2014.
Pursuant to Article 10(1) of the former Restitution of Development Gains Act (amended by Act No. 13796, Jan. 19, 2016; hereinafter “former Restitution of Development Gains Act”), the Defendant received the final inspection date (i.e., land: October 22, 2014; ii land: December 16, 2014), which is the point at which the imposition of each of the instant lands is terminated; and (iii) received the scheduled assessment procedure from the Plaintiff on August 20, 2015, and received the scheduled assessment procedure for the assessment of development charges under the National Land Planning Act, which is the same as the point at which the specific use area as at the time of the completion of imposition of each of the instant lands (i.e., land: land: land: land: December 16, 2014); and (iv) land price (805,000,000 square meters) calculated as the standard land price as at January 1, 2014.
E. On October 16, 2015, the Defendant imposed development charges (i.e., land: KRW 116,964,380; ② land KRW 30,087,87,870) on the Plaintiff, based on the results of the above examination, respectively, calculated as follows:
(c).