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(영문) 인천지방법원 2019.02.01 2016구합53610
개발부담금부과처분취소
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

Details of the disposition

The Plaintiff is an owner of 62 square meters in Blupo-si, Kimpo-si, C large 2,679 square meters, D large 1,119 square meters, and E road 32 square meters in size (hereinafter “each of the instant lands”), respectively.

On February 11, 2011, a building permit for neighborhood living facilities was granted on the instant land, and on October 20, 201, a construction report was filed on October 20, 201. On April 16, 2012, approval for use was granted for the building completed (Fdong general steel structure 350.6 square meters, total total floor area of 282.39 square meters, total general restaurants of 282.39 square meters, total floor area of Hdong general steel structure, 276.5 square meters, total general restaurants of 2 general restaurants of Hdong general steel structure, 136 square meters, general restaurants of 1 floor of 136 square meters on the ground of the general steel structure of Idong general steel structure; hereinafter “each of the instant buildings”).

On January 1, 2012, the Defendant did not evaluate the officially assessed individual land price as of January 1, 2012 of each of the instant lands as the initial complex, and thus notified “the initial amount” as indicated below. On October 24, 2013, the Defendant subsequently corrected the same ex officio on the ground of error in the selection of reference land and errors in land characteristics as stated in the “the primary amount of correction and grounds” as of October 24, 2013. Following the revocation of the ex officio corrective disposition on April 9, 2014 in the administrative appeal filed by the Plaintiff with the Gyeonggi-do Administrative Appeals Commission, on the grounds of error in land characteristics, on the ground that the said corrective disposition was revoked on April 9, 2014, the Defendant re-issued the same ex officio on the grounds of error in land characteristics, such as each corresponding amount and reason stated in “the secondary amount of correction and grounds” as of July 28

The site for each of the instant land’s neighborhood living facilities in this case by the Defendant on April 5, 2013, on the following grounds: (a) the initial amount of and the second amount of and reasons for the second correction for the parcel number, and (b) B 19000, 580000 (if the length is reduced, the length is reduced, the length is reduced) C 479000 560000 (JK in Magpo City), 580000 (LK, the answer commercial area, the fluoral area, the fluoral area), and (c) 580000 (if the length is reduced, the length is small, the length is small, the illegal type).

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