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(영문) 대전지방법원 2015.09.09 2014구합1675
개발부담금부과처분취소
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Details of the disposition;

A. The completion of the development project is 1) Plaintiff (Appointed Party; hereinafter “Plaintiff”)

) The Daejeon Seo-gu B is the owner of 875 square meters in size, and the Appointers C and D (hereinafter “Appointeds”) are the owners.

(2) On May 19, 201, F obtained a building permit for the construction of Class II neighborhood living facilities (office) with respect to the size of 200 square meters among the size of 875 square meters in Daejeon Seodong-gu B, Daejeon, Daejeon, Daejeon, on April 12, 2012, F obtained a building permit for the construction of the entire size of 875 square meters and the E large 91 square meters (hereinafter collectively referred to as the “instant land”). In addition, F and E were granted a building permit for the construction of Class I neighborhood living facilities (retailing the matters to be permitted).

3) F changed the owner of a building to further lease, and further lease Co., Ltd. completed the development project after obtaining approval for use from the Defendant on October 15, 2012. The land in this case was changed from the answer on October 15, 2012 to the land category as a site site in the instant case of the general steel structure G (retail store) of the general steel structure structure (retail store) of the total floor area (a site size) total floor area (a site size) stories (a site size) and the main use structure (a site size) B, E493.430-2, the first class neighborhood living facilities (a retail store, April 12, 2012):

B. On December 26, 2012, the Defendant issued a notice of the results of the review prior to the imposition and notice of development charges on KRW 39,583,030 of the development charges of the instant land to the Plaintiff and the selector. The Defendant calculated the land at the end point of termination by calculating the land value as the standard land and calculating the site at the end point of time of termination of the development charges x [land at the end point of termination - (land price at the starting point) x 25%, E, and B as the same case on May 19, 201, and after building permission was completed on October 10, 201, and used as a complex, as a complex, according to the Ministry of Land, Transport and Maritime Affairs’s guidelines on the investigation and calculation of the development charges of the instant land, since each owner of two or more lots of land, which are indivisible for use, shall be investigated and calculated as a complex even if they are different.

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