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(영문) 수원지방법원 2019.03.27 2018구합73042
개발부담금부과처분무효확인의 소
Text

1. On January 17, 2018, the Defendant confirmed that imposition of development charges of KRW 89,176,330 against the Plaintiff is null and void.

Reasons

1. Details of the disposition;

A. On May 20, 201, the Plaintiff purchased part of the 4,301 square meters of the answer C, Young-gu, Young-gu, Seoul (hereinafter “instant sales contract”) from B on May 20, 201.

B. On October 31, 201, 201, the 4,301 square meters of the paddy-gu, Young-gu, Chungcheongnam-do was merged with D 3,306 square meters on and around October 31, 201, and C 7,607 square meters (hereinafter “C before subdivision”).

C. In order to newly construct a building on the land purchased as above, the Plaintiff obtained the consent from October 201 to use the land of 855 square meters (including the area acquired as a road) among the land C before subdivision from B. D.

Plaintiff

On December 9, 201, 201, six persons, with land location C before dividing, obtained each building permit as listed below from the head of Yong-si Office of Yong-si as follows:

【Building Permit to the Plaintiff (hereinafter “instant Building Permit”).

A) In a building site area, the site area is 803 square meters, and the road area is 52 square meters and 855 square meters in total). The lot number of land related to the building site area (land size) is omitted.

The aggregate of the 110.8 underground floors, 110.8 underground floors, 24 I 4 I 712 J 849, 110.8 underground floors, 15.8 underground floors, 110.8 underground floors, 249, 110.8 underground floors, 4 I 749, J 849, 15, 15, 2-2 ground floors, 15, 15, 2-1, 15, 2-1, 39, 139 L1, 416, 416, 16, 167, 427, 167, 167, 248, 165, 160, 165, 165, 163, 165, 196, and 15,000,000 residential facilities, 15,000,000

E. On March 19, 2012, in the land B before subdivision, the land B before subdivision was divided into the amount of 1,416 square meters in the amount of 1,416 square meters in the amount of L, J, 849 square meters, 1,416 square meters in the amount of L, 1,246 square meters in the amount of 89 square meters in the amount of 198 square meters in the amount of land B before subdivision, and C was the amount of 1,728 square meters in the amount of land before subdivision.

F. On April 3, 2012, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff, setting the instant sales contract as the grounds for registration.

G. The Plaintiff’s instant case is to the head of Young-si, Young-si.

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