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(영문) 수원지방법원 2016.05.12 2015구합1930
개발부담금부과처분취소
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On March 23, 2011, Plaintiff A obtained permission to engage in development activities for the purpose of building sites of Class II neighborhood living facilities (a building area of 490.0 square meters and a manufacturing facility of 490.0 square meters of total floor area) on the ground of 1,495 square meters of land among Class C forests and fields (hereinafter “Before partition”) 5,541 square meters on the ground of 1,495 square meters of land. On October 17, 2011, Plaintiff A obtained permission to engage in development activities for the purpose of building sites of Class II neighborhood living facilities (a building area of 490 square meters and a manufacturing facility of 490.0 square meters of total floor area of 490 square meters) on the ground of 5,541 square meters of land in Sungsung-si, and obtained permission to engage in development activities for the purpose of building sites of Class D 1,684 square meters on February 8, 2012 (hereinafter “instant land”).

(B) The development activities permitted as above are “instant First Development Activities” (hereinafter “instant development activities”).

Plaintiff

B Around June 17, 201, on the ground of 2,551 square meters of land of 5,541 square meters of land of 1,551 square meters, B obtained permission for the development of a site for Class I neighborhood living facilities (a building area of 198,00 square meters, and retail stores of 198.0 square meters of total floor area). On October 17, 2011, 2,163 square meters of land of 2,163 square meters of land of Class II neighborhood living facilities (a building area of 490.0 square meters; a manufacturing business of 490.0 square meters of total floor area of 490 square meters) for the purpose of site creation; on April 4, 2012, he/she obtained permission for the development of a site for the purpose of manufacturing business of 2,163 square meters of land of 2,551 square meters of land of 2,551 square meters of land of 200 square meters of land (hereinafter referred to two lots).

(hereinafter referred to as “instant development activities” (hereinafter referred to as “instant development activities”).

Since then, the plaintiff A shall undertake the development activities of this case and build a Class A neighborhood living facility building on the ground of the land of this case on June 2012.

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