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(영문) 서울고등법원 2016.03.16 2015누68644
개발부담금부과처분취소
Text

1. Revocation of the first instance judgment.

The Defendant imposed development charges of KRW 1,074,954,350 on the Plaintiff on February 1, 2013.

Reasons

1. The reasons why the court of this case cited in the judgment of the court of first instance are stated are the same as the reasons of the judgment of the court of first instance.

The part of the first instance judgment (the fourth 20 to 8 pages of the first instance judgment) is used as follows 2. The part of paragraph (3) is identical to the reasons for the first instance judgment, except for the deletion of the part of paragraph (3). As such, it is accepted in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.

2. The former Act on the Restitution of Development Gains (amended by Presidential Decree No. 2011, Mar. 24, 2013; Presidential Decree No. 2012, 2011; Presidential Decree No. 2014, Feb. 23, 2011; Presidential Decree No. 20135, Feb. 23, 2011; Presidential Decree No. 20135, Feb. 1, 2011; Presidential Decree No. 20135, Feb. 23, 2011; Presidential Decree No. 2010, Feb. 23, 2011; Presidential Decree No. 20130, Feb. 23, 2011; Presidential Decree No. 20130, Feb. 24, 2011; Presidential Decree No. 22020, Feb. 23, 201>

Article 4(1) [Attachment 1] 1 of the former Housing Act (amended by Act No. 11365, Feb. 22, 2012; hereinafter “former Housing Act”) is a development project included in the scope of a housing site development project.

on the basis of the Act.

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