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(영문) 서울고등법원 2015.03.17 2014누58183
개발부담금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The plaintiff sought a judgment identical to the purport of the above claim in the first instance court, and the court of the first instance rejected the claim for payment of the above amount, and dismissed each of the above development restriction zone charges, the claim for nullification of the disposition imposing farmland preservation charges, and the claim for revocation of the disposition imposing development charges, the plaintiff filed an appeal limited to the dismissed part of the first instance court, and did not file an appeal for the dismissed part.

Therefore, the scope of a party member's appeal is limited to the rejection of the first instance court that filed an appeal against the plaintiff.

2. Details of the disposition;

A. On March 17, 201, the Plaintiff, a development-restricted zone, filed an application with the Defendant for permission to construct a factory on the ground of BJ 3,321 square meters, C preceding 2,66 square meters, C preceding 2,566 square meters, D preceding 2,578 square meters, E forest land 691 square meters, F-type 580 square meters, G 50 square meters, G 50 square meters, H 10 square meters, and 9,896 square meters (hereinafter “each land in this case”; on August 10, 2011, the Defendant filed an application with the Plaintiff for permission to construct a factory on the ground of the building area in this case and the building area ratio in each of the instant factories under Article 12 of the former Act on Special Measures for Designation and Management of Development Restriction Zones (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Special Measures for Development Restriction Zones”) and Article 1112 of the Building Act.

(hereinafter “instant project”). (b)

On August 10, 2011, the Defendant notified the Plaintiff of the payment of KRW 492,331,920 of the development restriction zone preservation charges for the land of Category C, D, E, and F4, the land category of which is pre-sale, forest, and miscellaneous land, pursuant to Articles 21 through 24 of the former Act on Special Measures for Development Restriction Zones.

(hereinafter referred to as “disposition for imposition of preservation charges for restricted development zones”).

The defendant shall pay farmland preservation charges from the defendant on August 11, 201.

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