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(영문) 수원지방법원 2016.12.20 2016구합415
기타(조세 이외의 각종 부과처분)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. C owned a 659 square meters of D forest land in Gwangju-si. On January 4, 2011, 317 square meters of the above land was divided into E, and 352 square meters of land into B, respectively.

(hereinafter “each of the instant lands”). (b)

C On March 24, 2011, upon filing an application with the Defendant for a building permit (hereinafter “instant application”) including permission for development in order to construct a new building on the E-forest land in Gwangju-si (hereinafter “instant building site”), the Defendant submitted a letter of promise of acceptance of donations (Evidence 4-1) stating that “The instant road site is to be donated for the Defendant’s public service simultaneously with the change of land category by dividing it into a road site, and at the same time, the 90 square meters of B forest land in Gwangju-si (hereinafter “instant site”) incorporated into an urban planning into a road.”

On the other hand, the location, etc. of the building site of this case and the road site of this case are indicated in attached Form 1.

(The instant building site is marked as a shooting, and the instant road site is a color part adjacent thereto and toward upper parts). At the location of the site, the construction site is newly constructed by construction of a general steel structure with a total floor area of 82.18% of a total floor area of 56.78% of the building area of 17 square meters in the first class neighborhood living facilities (retail stores) for the use of the Special Metropolitan City E Regional Planning Management District/Housing Development Promotion District, Gwangju, for the location of the site.

C. On April 4, 2011, the Defendant issued a building permit (hereinafter “instant building permit”) to construct the following buildings (hereinafter “the instant building”) on the instant building site, and as a condition of its implementation, the viceline stating “I will gratuitously revert (including submission of road packaging photographs at the time of approval for use) the instant road site incorporated into the urban planning road 11.” (hereinafter “the viceline of this case”) after the packaging of the road.

A business plan concerning the building permit of this case (No. 7-2) shall be the business plan (No. 7-2), and a neighborhood living facilities (manufacturing business) on the ground floor in the building site of this case.

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