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(영문) 수원지방법원 2017.10.25 2016구합66644
개발부담금부과처분취소
Text

1. Of the instant lawsuits, the part regarding the Plaintiffs’ claim for revocation regarding the amount exceeding KRW 35,184,230, respectively.

Reasons

Based on the facts, Plaintiff C and six other persons were granted a building permit (including the legal fiction of permission for the development of a single house site; hereinafter “instant building permit”) to construct nine single houses with a total floor area of 1,160.28 square meters on the ground of the total area of 3,765 square meters on the ground of the wife population K and L, and the total area of 1,765 square meters from the head of Yeongdeungpo-si (hereinafter “head of the wife”).

(B) Paragraph (1) of this case. The construction permit of this case is to construct [the instant housing (hereinafter referred to as “instant housing”) a single house with the total floor area of 351.58 square meters on the ground (hereinafter referred to as “instant land”) with the aggregate of 1,69 square meters on each land (hereinafter referred to as “instant land after the division”) indicated on the following table, subject to the legal fiction of permission for development activities for the purpose of creating a single house site of 830 square meters and a road site of 869 square meters (hereinafter referred to as “the instant development project”).

) The content was modified (including Nos. 2 and 3) and the head of the wife changed on August 20, 2015 to H and A the approval for the use of the instant housing (including the agenda for completion inspection of development activities).

At the time of the above approval for use, the owners of the instant land are as listed below in the “land owner” column:

(A) On May 10, 2016, the Defendant imposed a disposition of imposition of development charges of KRW 36,392,870 (No. 1-3, 4; hereinafter “instant disposition”) on the Plaintiffs on the instant development project, on May 10, 2016, the Defendant imposed a disposition of imposition of KRW 36,392,870 (No. 1-3, 4; hereinafter “instant disposition”).

The above development charges shall be the date of the instant building permit (as of December 20, 2012), the end date of the imposition shall be the date of approval for use (as of August 20, 2015), and the end date shall be the arithmetic mean of the land values assessed by the central appraisal corporation and the Pacific appraisal corporation (hereinafter the above appraiser).

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