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1. The Defendant imposed a charge of KRW 45,264,00 on the Plaintiff on July 8, 2013 and imposed a disposition of imposition of KRW 45,264,00 on the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff newly built and sold multi-family housing (six apartment units and 411 households) as the implementer of the housing reconstruction improvement project (hereinafter “instant improvement project”) implemented on the scale of 17,539.19 square meters, both Seoul and two parcels outside Gangnam-gu, Seoul, and the Defendant imposed charges of KRW 190,226,70 on the 26 households among them, and charges of KRW 45,264,00 on the 6 households for the school site charges on July 8, 2013 and charges of KRW 1,491,450 for the school site charges on July 25, 2013, respectively.
(hereinafter referred to as “instant Disposition 1,” “instant Disposition 2,” and “instant Disposition 3,” respectively. (b)
Article 5 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015; hereinafter “former School Sites Act”). On July 25, 2013, the Constitutional Court rendered a decision that “the part concerning housing reconstruction project under Article 2 subparag. 2(c) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11580, Dec. 18, 2012)” (hereinafter “instant legal provision”) under Article 2 subparag. 2(c) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 11580, Dec. 18, 2012) to continue to apply the instant legal provision (amended by Act No. 13006, Dec. 31, 2014).
(The Constitutional Court en banc Order 201Hun-Ga32 Decided July 25, 2013; hereinafter “instant decision on inconsistency with the Constitution”). 1. Establishment and extension of a school in order to meet the demand for school attendance formed in a short term in an area where a development project is being implemented is intended to secure infrastructure in the development area. As such, imposing school site charges on the operator of a development project in order to meet the said finances would have caused the need to secure such school facilities.
(c) School facilities;