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(영문) 청주지방법원 2017.09.14 2016구합853
개발부담금부과처분일부취소
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. On July 4, 2013, B obtained permission (construction report) from the Defendant for the purpose of building sites for Class II neighborhood living facilities (office) with respect to the 2,244 square meters of the voice-gun, Chungcheongnam-do, D, and E (hereinafter in this case, the same lot number is specified) prior to partition from the Defendant on July 4, 2013. On November 27, 2013, the purpose of business was to create a site for an automobile-related facility (maintenance plant) and to construct a site for an automobile-related facility, the business area was 2,423 square meters (43 square meters of land, D 43 square meters of land, 83 square meters of land, F 35 square meters of land, G 1,325 square meters of land, 53 square meters of land for H miscellaneous land, 564 square meters of land for each of the above land (hereinafter “instant land”).

B. The Plaintiff purchased the instant land and completed the registration of transfer of ownership on January 23, 2013 with respect to each of the instant land H and I, and completed the registration of transfer of ownership on January 28, 2014 with respect to the remaining land C, D, F, and G due to sale on December 18, 2013.

C. On January 7, 2014, the Plaintiff succeeded to the status of the project implementer of the instant project, such as obtaining permission for change of development activities from the Defendant to the Plaintiff, by obtaining permission for change of the name of the owner, etc., and completed the instant project upon obtaining approval for use on May 14, 2015.

On October 7, 2015, the Defendant issued a disposition to impose development charges of KRW 130,793,050 on the instant automobile-related facility (maintenance plant) project, which was implemented on the instant land, on the Plaintiff from July 4, 2013 to May 14, 2015. In such cases, the Defendant calculated the land price as at the starting point of each land C, D, F, and G based on the officially assessed individual land price, and the remaining H and I land price based on the purchase price.

E. On February 26, 2016, the Defendant: (a) the development gains from the instant land in relation to C, D, and H among the instant land and each of the said land are terminated on July 23, 2013; and (b) on December 11, 2013.

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