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(영문) 서울고등법원 2011.06.23 2010누30101
기반시설부담금부과처분무효확인
Text

1. Upon a claim changed in the trial court, the defendant 3,075,834,270 won against the plaintiff on February 26, 2008.

Reasons

1. Details of the disposition;

A. On March 22, 2002, the Governor of the Gyeonggi-do changed the number of 920,141 square meters per Dong Dong Dong E-dong into an agricultural and forest area and quasi-agricultural and forest area according to the Act on the Utilization and Management of the National Territory announced D in Gyeonggi-do, and designated it as a village district, and further expanded infrastructure in consideration of criticism of poor development, etc., on the other hand, the Governor of the Gyeonggi-do announced the change of national land utilization plan and approval of village district development

B. The Plaintiff, including the Plaintiff, filed an application with the Defendant for the approval of the said E-dong housing construction project plan with the Defendant as the project site, M, N, andO Co., Ltd. (P to Q on October 17, 2001; RR on February 6, 2006; RR on December 26, 2006; C Co., Ltd. (hereinafter collectively changed from U to T Co., Ltd) and C Co., Ltd. (hereinafter referred to as “instant business owner”); and V Co., Ltd. (hereinafter referred to as “Co., Ltd.”) organized the G Committee (hereinafter referred to as the “Committee”); and on December 29, 2003, entered into an agreement between the Defendant and C Co., Ltd on the infrastructure (hereinafter referred to as the “instant agreement”). The main contents are as follows:

(1) The objective of the agreement is to facilitate the promotion of the project in the C zone, to build the urban infrastructure in accordance with the C zone development plan, to set the payment and settlement method of the contributions for urban planning facilities following the plan, and to contribute to the construction of the urban infrastructure smoothly by concluding an agreement on the plan for the installation of the urban infrastructure.

(2) The commission shall have a duty to install the final infrastructure with respect to the terms and conditions of the agreement under this Convention as joint responsibility of members and to contribute it to the acceptance of the agreement and to comply with it until the settlement is completed.

(3) Each member who promotes a housing construction project shall be in accordance with the C District Development Plan (amended) announced as H on September 27, 2002 by the K-si public notice of Tae-si on September 27, 2002.

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