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(영문) 수원지방법원 2017.09.15 2016가합79522
학교시설설치비
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a project implementer for the Bogeumjari Housing Project designated as a Bogeumjari Housing District pursuant to the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 12251, Jan. 14, 2014) and approved the district plan (hereinafter “instant project district”).

B. On December 31, 2013, the Ministry of Education and the Ministry of Land, Infrastructure and Transport agreed to determine the method of sharing the cost of school facilities between the Office of Education and the project implementer until the completion of the design of the first opening school within the development project area, in cases where the development gains of green-belts fall short of the cost of school facilities in the metropolitan area under Article 4-2 of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “School Sites Act”).

C. Accordingly, on December 24, 2014, the Plaintiff entered into an agreement with the superintendent of education of Gyeonggi-do, the representative of the Defendant, to establish matters necessary to establish elementary, middle and high schools within the instant project district pursuant to Article 4-2 of the Act on Special Cases concerning the Securing, etc. of School Sites (hereinafter “School Sites Act”), and the main contents are as follows.

(hereinafter referred to as "the present Convention"). The purpose of this Convention is to provide for the matters necessary for the implementation of the present Convention in establishing facilities of elementary, middle and high schools in the area of Hanam-US District pursuant to Article 4bis of the School Sites Act.

Article 2 (Definitions) The definitions of terms used in this Convention shall be as follows:

2. The term “school facilities project” means a project designed to install school facilities, such as teachers, gymnasiums, meal service facilities, and other facilities under the School Facilities Projects Promotion Act.

3.The cost of establishing a school refers to the cost of establishing a school site and school facilities; 5. The term "cost of establishing a school facility" means the cost of a school facility project and its equipment; 6. The term "school facility cost" means the cost of a school facility project;

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