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(영문) 대구지방법원 2016.01.19 2015구합23276
광역교통시설부담금부과처분취소청구의 소
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. The Minister of Land, Transport and Maritime Affairs (amended by Act No. 11690, Mar. 23, 2013; the Government Organization Act was changed to “the Ministry of Land, Infrastructure and Transport”; hereinafter “the Ministry of Land, Infrastructure and Transport” regardless of the change of name; hereinafter “the Ministry of Land, Infrastructure and Transport”) designated and publicly announced the name of the housing zone B in Daegu-dong, Daegu-dong, and Cdong, and 76,321 square meters (the last 764,512.5 square meters was changed to 764,512.5 square meters on December 11, 2012 following the change of the existing housing zone several times according to the change of the existing housing zone) as “prearranged district for national rental housing complex,” and thereafter, the Ministry of Land, Infrastructure and Transport designated and publicly announced the change of the existing housing zone as “the Bogeumjari Housing Corporation” and the Korea Land and Housing Corporation (the “Korea Land and Housing Corporation”).

B. On May 27, 2014, the Korea Land and Housing Corporation sold to the Plaintiff KRW 62,657,640,000 of the housing site in the instant Bogeumjari Housing District in KRW 50,212 square meters (hereinafter “instant housing site”).

C. On May 19, 2015, the Plaintiff, from the Defendant pursuant to Article 16 of the Housing Act, conducted a housing construction project with the approval of a housing construction project plan with the content of constructing and supplying 12 units of underground floors, 12 units of apartment buildings of 14-20 stories and 849 stories of 74m20 stories (116m2, 84m2, 84m2, 149m2, 99m2, 34 units of 100m2, 101m2, and 12 units of incidental and welfare facilities.

(hereinafter “instant housing construction project”). D.

On June 2, 2015, the Defendant imposed KRW 929,849,00 on the instant housing construction project pursuant to Articles 11(1)4 and 11-4(1) of the Special Act on the Management of Intercity Transport in Metropolitan Areas (hereinafter “Special Act”) on the Plaintiff on June 2, 2015.

(c).

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