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(영문) 서울고등법원 2015.06.12 2015나2014097
부당이득금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by comprehensively taking into account the whole purport of the arguments in the evidence Nos. 1, 2, 2-1, 3-2, 5-1, 2, 5-2, 6-1, 7, 8, 9-1, 9-2, 10-1, 2, and 10-1, 10-2, and 10-1, 2, and 10-1.

The Plaintiff obtained on January 23, 2007 from the head of Seongdong-gu Seoul Metropolitan Government (hereinafter referred to as the "head of Seongdong-gu") authorization for the establishment of a housing redevelopment and consolidation project association whose housing redevelopment and rearrangement project is 632 square meters and 20,798.15 square meters in Seongdong-gu, Seoul as a housing redevelopment and rearrangement project zone (hereinafter referred to as "instant project zone", and the improvement project within the instant project zone is referred to as "instant project"), and thereafter obtain authorization for the implementation of the project on July 31, 2007 from the head of Seongdong-gu, Seoul Metropolitan Government, the authorization for the implementation of the project on February 1, 2008, the authorization for the implementation of the project on December 27, 201, the authorization for the alteration of the project on July 5, 2012, and the authorization for the alteration of the management and disposal plan on September 4, 2012

B. The existing number of households in the instant project area was 614 households, and 403 households are newly built due to the implementation of the instant project.

C. Under Article 9(1) of the Seongdong-gu Seoul Metropolitan Government Ordinance on Collection, etc. of Charges for School Sites (amended by Act No. 13006, Jan. 20, 2015; hereinafter “former School Sites Act”) and Article 4(1) of the former Ordinance on Collection, etc. of Charges for School Sites (hereinafter “former School Sites Act”), administrative affairs related to the charges for school sites under the instant project of the head of Seongdong-gu Office were delegated to the head of Seongdong-gu.

On April 24, 2013, the Plaintiff imposed charges for each school site of KRW 7,256,00 on the subject of imposition of KRW 172,02,90 on the general 38 households selling in lots, and on May 24, 2013 on the subject of imposition of two households in reserved land (hereinafter “instant disposition”), and the Plaintiff paid each of the said charges within the prescribed period.

Article 5. of the former School Sites Act.

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