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(영문) 창원지방법원 2014.04.10 2013가합32079
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 19, 200, Busan New Port Co., Ltd. obtained approval of the implementation plan from the Minister of Oceans and Fisheries pursuant to Article 15(1) of the former Act on Public-Private Partnerships in Infrastructure (amended by Act No. 7386, Jan. 27, 2005; hereinafter “former Public-Private Partnerships Act”).

B. On February 2012, the Plaintiff purchased 16,796 square meters of the rear site of Busan New Harbor Terminal, which was created through the foregoing private investment project, and 21,269 square meters of the rear site of the same 9 Blue apartment site of the same 10 Blue site (hereinafter “instant site”). On March 7, 2012, the Plaintiff filed an application for a deliberation on construction for conducting a joint housing construction project (hereinafter “instant project”) with the Gyeongnam-do Governor according to the Housing Act.

C. On May 18, 2012, the Plaintiff filed an application for approval of the housing construction project plan for the instant project and obtained approval from the head of the Busan Coastal Economic Zone Authority on May 18, 2012, to newly construct and sell 340 units of an apartment of 4th and 340 units of an apartment of 1st underground floor in the hinterland 9 block, and ② to newly construct and sell 452 units of an apartment of 29th and 452 units of an apartment of 1st and upper underground floor in the hinterland 10 block.

On July 26, 2012, the Special Act on the Management of Intercity Transport in Metropolitan Areas (amended by Act No. 11366, Feb. 22, 2012; hereinafter “Revised Special Act”) imposed imposition of KRW 433,782,00 on the Plaintiff (hereinafter “instant imposition disposition”) by applying Article 11 subparag. 4 of the Intercity Transport Facility Charges (hereinafter “Charges”).

E. On August 27, 2012, the Plaintiff filed an application for installment payment of the aforementioned charges, and received a notice from the Mayor/Do Governor in installments on September 3, 2012. On January 31, 2013, the Plaintiff received a total of KRW 27,735,550.

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