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1. Revocation of the first instance judgment.
2. The development charges imposed by the Defendant against the Plaintiff on June 13, 2012 is KRW 54,854,750.
Reasons
1. Details of the disposition;
A. On May 8, 1974, the Plaintiff: (a) was a development project of 853 square meters in the land B in Yeongdeungpo-gu, Chungcheongnam-gu; and (b) on May 8, 1974, the Plaintiff was a project of 853 square meters in the land B (hereinafter “instant land”).
(2) On January 20, 2010, the Plaintiff issued a building permit pursuant to Article 11(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) with respect to the construction of one warehouse of the general steel structure on the instant land.
3) At the time of the construction permit, the Plaintiff did not obtain permission to change the form and quality of warehouse facilities or authorization related to the development of a separate land to create a site for the said warehouse facilities. 4) On May 201, the Plaintiff completed the construction of the said warehouse facilities, and on May 6, 2011, the head of Yeongdeungpo-si (Seoul-si) obtained approval for the use of the said warehouse facilities pursuant to Article 22(2) of the former Building Act (amended by Act No. 11690, Mar. 23, 2013).
5) On May 11, 201, the land category on the instant land cadastre was changed from “T” to “a warehouse site. B. A development project of the area of 681 square meters prior to “Yung-gu C” in Young-gu, Young-gu, Chungcheongnam-gu, Chungcheongnam-si, the Plaintiff purchased 681 square meters prior to G (hereinafter “instant land”) on May 8, 1974 and completed the registration of ownership transfer on July 4, 1981.
2) On February 3, 2010, the head of Yeongdeungpo-si Office: (a) granted a building permit pursuant to Article 11(1) of the former Building Act (amended by Act No. 12246, Jan. 14, 2014) with respect to the Plaintiff’s construction of one building of Class 1 neighborhood living facilities (retail stores) of the first floor of the general steel structure on the instant land; (b) on July 25, 2011, in order for the Plaintiff to construct Class 1 neighborhood living facilities on the instant land; (c) granted a building permit pursuant to Article 56(1)2 of the National Land Planning and Utilization Act (hereinafter “National Land Planning Act”), with respect to development activities, the Plaintiff changed the form and quality of 668 square meters among them into a site and changed the form and quality of the remaining 13 square meters into a road.