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(영문) 서울고등법원 2013.09.26 2013누1715
개발부담금부과처분취소
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1. Revocation of a judgment of the first instance;

2. The Defendant’s development charges of KRW 2,266,416,840 against the Plaintiff on July 28, 2011.

Reasons

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the part of the judgment of the court of first instance is cited or added. Thus, this is acceptable in accordance with Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

(a) in Part VII, the term “land subject to imposition” has been changed into “land subject to imposition or the reference land whose use status is the most similar”;

(b)Paragraph 6 of Chapter 10 added the following:

“The land No. 2 before the aforementioned subdivision was used as part of each of the above land before the above subdivision as a building site on the ground. As the development project of this case was implemented, the inside land was divided into the land No. 2 of this case based on the boundary line of the project district.”

(c) Parts 4 to 3 (section 3) below the 10th page shall be followed as follows.

“The officially assessed individual land price per square meter publicly announced as of January 1, 2003 for the land before the said subdivision was KRW 1,120,000 for the land of KRW 56-2 for the land of KRW 1,070,000 for the land of KRW 62-1 for the land of KRW 62-2, KRW 1,510,00 for the land of KRW 62-2, KRW 1,510 for the land of KRW 62-3, KRW 63-2 for the land of this case, and KRW 1,560,00 for the land of this case after the said subdivision was all KRW 7,250,00 for the land of this case as of January 1, 201 for the land of this case.”

(d)each entry and image of evidence Nos. 11, 12, 10, 15, 16, and 17, respectively, shall be added to not more than two (based on recognition) below.

E. Article 11 of the 12th to 20th (B) of the 11th (the part) of the 20th (the 2nd (B) of the 11st) of the 2nd (the 2nd) of the 2nd (the 2nd (B) of the 2nd (the 2nd) of the 2nd (the 2nd) of the 2nd (the 2nd)

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