1. The Defendant’s imposition of charges of KRW 2,229,462,430 against the Plaintiff on September 23, 2019 shall be revoked.

2...

1. Details of the disposition;

A. On November 8, 2016, the Plaintiff received project implementation authorization from the Defendant for a housing redevelopment project (hereinafter “instant project”) with a content of constructing and supplying multi-family housing of 10 households with a total of 975 households within a project zone of 36,567 square meters in Daegu-gu, Daegu-gu (hereinafter “instant project zone”).

Average purchase price by household: 403,303,631 won (number of households by type x the number of household units x the number of household units in general) / The charges for school site by household: 3,226,429 won: (i) the average sale price by household x 8/1,00): 691 households subject to imposition (=975 (number of new households) - 224 (number of existing households) - 60 (lease)): Total amount of charges: 2,229,462,430 won (per household unit x subject to imposition).

B. On September 23, 2019, the Defendant imposed a charge for school site charges of KRW 2,229,462,430 (hereinafter “instant charge”) on the Plaintiff according to the following calculation method:

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s existence of no dispute, Gap’s 1 through 3, Eul’s 1, and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 17255, May 19, 2020; hereinafter “former School Sites Act”).

The charges to be imposed on the Plaintiff pursuant to Article 5-2 (1) and (2) 1 shall be calculated on the basis of the number of households supplied as the instant project, excluding the number of households prior to the implementation of the instant project. The number of households prior to the implementation of the instant project should also include the number of households of the tenants of the building in addition to the number of households of the owners of the building. Therefore, in calculating the households subject to the instant charges, the Defendant calculated only the number of households of the owners of the building 24 households prior to the implementation of the instant project and included the 267 households of the tenants of the building.