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(영문) 의정부지방법원 2015.11.10 2015구합7437
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On July 27, 2009, B and C purchased the purchase price of KRW 3,223 square meters from E forest land E 4,281 square meters in a land transaction permission zone from his father D on July 27, 2009, at KRW 526,000,000 on the date of the contract, KRW 80,000 on the date of the contract, KRW 200,000 on the intermediate payment on August 14, 2009, KRW 200,000 on the second intermediate payment on September 15, 2009, respectively, and KRW 46,000,000 on the remainder of the period of four graves (Evidence No. 46,00,00 on September 15, 200).

B. On November 13, 2009, the said land was divided into F forest land of 3,223 square meters and G forest of 1,061 square meters, and the said land was divided into F forest land of 3,223 square meters on September 9, 2010, F forest land of 1,364 square meters (hereinafter “instant land”) and H forest land of 1,859 square meters (hereinafter “instant land 2”).

C. On June 18, 2010, the Plaintiff obtained approval for the establishment of a factory site I 2,730 square meters and on the land of this case on the land of this case. On August 13, 2012, the Plaintiff obtained approval for the alteration of the establishment of a factory that included the instant land No. 2 in the factory site.

On October 7, 2013, the Plaintiff completed the construction of the factory site after obtaining approval for use of the building.

The Plaintiff completed the registration of ownership transfer for the instant land No. 1 on October 29, 2010, based on sale as of September 28, 2010, and B also completed the registration of ownership transfer for the instant land No. 2 on October 29, 2010.

B on November 20, 2012, the J donated the instant land No. 2 to the J, and the J completed the registration of ownership transfer as to the instant land No. 2 on November 21, 2012.

E. On June 17, 2014, the Defendant imposed development charges of KRW 166,446,400 on the Plaintiff on June 17, 2014.

G. On September 23, 2014, the Plaintiff seeks revocation of the disposition imposing development charges, since it is unlawful to calculate the land price as of the starting point to the Central Land Expropriation Committee based on the officially assessed individual land price, which is not the purchase price.

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