On February 11, 2020, the Defendant revoked the imposition of charges for school sites of KRW 229,934,870 against the Plaintiff.

Details of the disposition

The Plaintiff is the developer of the redevelopment project that constructs and supplies multi-family housing (hereinafter “multi-family housing of this case”) with a total of 997 households in Seodaemun-gu Seoul Metropolitan Government (hereinafter “instant rearrangement zone”) (i.e., the owners of the land, etc., 309 households in general, 170 households in multi-family housing for 515 households in multi-family housing (hereinafter “instant multi-family housing”) (hereinafter “instant rearrangement project”).

Pursuant to Articles 5 and 5-2 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 17255, May 19, 2020; hereinafter “former School Sites Act”), the Defendant imposed the Plaintiff on February 11, 2020 229,934,870 won [the average sale price of general apartment units of this case = KRW 586,568,564 [the average sale price of general apartment units of this case 58,564] 】 (the total number of households of this case 997 - the existing number of households 948 households) 】 (8/1000 of the unit sale price under Article 5-2 (2) 1 of the former School Sites Act) / (hereinafter “disposition of this case”) / The Plaintiff’s disposition of this case should be revoked on the grounds that there is no dispute over the grounds for recognition / [the purport of subparagraphs 1 through 3 and 3].

The defendant did not exclude 170 households falling under rental housing from the subject of imposition of school site charges.

However, if the above 170 households are excluded pursuant to the proviso of Article 5 (1) 2 of the former School Sites Act, it is not subject to the imposition of charges for school sites in the improvement project of this case.

Article 5-2 (2) 1 of the former School Sites Act provides that the charges for school sites shall be imposed on the basis of "sale price of multi-family housing by household".

If rental housing can be included in the subject of the imposition of school site charges, such as the instant disposition, “sale price of multi-family housing by household” shall be included in the general sale price as well as the sale price of rental housing.

Therefore, this case.