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(영문) 서울행정법원 2017.08.17 2017구합52122
학교용지부담금부과처분 등 무효확인
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1. The Defendant imposed charges of KRW 1,137,474,160 on the Plaintiff on April 13, 2015 and imposed charges of KRW 1,137,474,160 on the Plaintiff on May 14, 2015.

Reasons

1. Details of the disposition;

A. On June 22, 2007, the Plaintiff was authorized to establish an association from the Defendant on November 3, 201, and was authorized to implement a project implementation plan on November 3, 201, and was undertaking A district housing redevelopment and improvement project (hereinafter “instant project”).

B. Following the implementation of the instant project, the number of households in the project area increased from 4,270 households to 4,300 households.

C. As to the general sale portion of multi-family housing newly constructed by the Plaintiff after implementing the instant project, the Defendant imposed charges for school sites based on Articles 5 and 5-2 of the former Act on Special Cases Concerning the Acquisition, etc. of School Sites (Amended by Act No. 13006, Jan. 20, 2015) and additional charges pursuant to Article 5-3(2) of the same Act on the Plaintiff as follows.

(4) Disposition of inconsistency with the Constitution before December 24, 2013, No. 189, No. 146, 205, 204, 364, 680, 204, 205, 204, 205, 364, 205, 205, 204, 205, 206, 364, 3680, 204, 2014, 205, 204, 205, 205, 204, 205, 204, 205, 204, 205, 204, 205, 204, 2013, 2013, 204, 2014, 208, 205, 204, 2017, 14, 2017

D. On April 24, 2014, the Constitutional Court does not comply with the proviso to Article 5(1)5 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 13006, Jan. 20, 2015) concerning housing redevelopment projects under Article 2 subparag. 2(b) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant legal provisions”) on the same ground as the reasons stated in the attached decision.

The above provision of the law continues to exist until the legislator amends the law on December 31, 2014.

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