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1. Revocation of a judgment of the first instance;
2. On July 16, 2012, the Defendant charges for school sites for the Plaintiff at KRW 343,020,160.
Reasons
1. Details of the disposition;
A. On March 21, 2005, the Plaintiff completed the sale of housing units on July 2007, 2007, after receiving project implementation authorization for housing redevelopment projects with respect to the construction and supply of 15 units and 681 units of multi-family housing units at 65 units in Seodaemun-gu, Seoul and 75 units in the cooling-dong, Seoul (hereinafter “instant redevelopment projects”).
B. On October 8, 2010, pursuant to Articles 5(1) and 9(1) of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “the Act”), Article 5-2 of the Enforcement Decree of the same Act (hereinafter “Enforcement Decree”), Articles 3 and 5-2 of the former Enforcement Decree of the Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 9743, May 28, 2009); Article 5-2 of the same Act; Article 7(1) of the former Seoul Metropolitan Government Ordinance on the Charges, etc. for School Sites (amended by Ordinance No. 5180, Sept. 29, 201; hereinafter “Municipal Ordinance”), the Defendant imposed on the Plaintiff the charges for school sites 343,020,160 won (a total of 681 households, excluding 382 households and 120 households sold in lots to the previous residents, and the owners of the land and buildings, calculated based on general 179 households).
(hereinafter “Prior Disposition”). C.
On October 29, 2010, the Plaintiff paid school site charges and obtained approval for the use of the above multi-family housing from the Defendant on December 31, 201 of the same year. On January 3, 2011, the Plaintiff filed a lawsuit with the Seoul Administrative Court (201Guhap167) seeking the revocation of the instant prior disposition. On January 3, 2011, the said court rendered a judgment revoking the instant prior disposition on the ground of procedural illegality lacking prior notice, and the said judgment became final and conclusive on the grounds that the Defendant appealed thereto, but the appeal was dismissed and the appeal was not filed.
After having gone through the prior notice, etc. in accordance with the purport of the above judgment, the Defendant imposed KRW 343,020,160 on the Plaintiff on July 16, 2012.