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(영문) 수원지방법원 2017.11.21 2017구합64027
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. The Plaintiff is an owner of B miscellaneous land B in Ansan-si (hereinafter “instant land”).

B. On December 26, 2014, the Plaintiff obtained permission from the Defendant to engage in development activities for the purpose of building a site for the C power plant in the instant land, and completed the construction of a site for the C power plant (hereinafter “instant development activities”) on October 1, 2015.

C. On March 14, 2016, the Defendant notified the Plaintiff of the scheduled imposition of development charges of KRW 98,870,206 regarding the instant land. On April 12, 2016, the Plaintiff asserted that the development charges against the Defendant were excessively calculated, and filed a request for review before notifying the development charges.

In calculating the land price at the time of completion of the development charges on the instant land in deliberation and resolution, the Real Estate Assessment Committee shall select as a comparative standard the D land at Ansan-si D land, Ansan-si E land, and Ansan-si D land (hereinafter “instant comparative standard”) after re-deliberation on the instant land at Ansan-si. In comparison with the instant land and the instant standard land, the price allocation rate was set as follows, and the land at the time of termination of the instant land was calculated as KRW 82,500 per square meter.

When the land category is abutting on a low-class road at the location of the area in which the land category is divided, the production and management of the miscellaneous land in this case’s land in the instant case’s miscellaneous land site production and management by not more than 82,500m in the length of the complete slope for the industrial use of the land in this case’s land site production and management by not less than 95,00m but not more than 95,000m in the length of the bridge type of the industrial completed slope for the industrial use of the land in this case’s miscellaneous land in this case’s miscellaneous land use, 110.95

E. The Defendant on May 25, 2016, as above D.

Development charges of KRW 98,870,206, calculated as at the time of completion of the entry in the port (82,500 m2) were imposed and collected by the Plaintiff.

(f) On August 8, 2016, the Plaintiff filed an administrative appeal seeking revocation of the instant disposition with the Central Land Expropriation Committee, but the Central Land Expropriation Committee dismissed the Plaintiff’s claim on March 23, 2017.

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