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(영문) 서울고등법원 2015.06.24 2015누33761
신설학교 부담금 부과처분 무효확인 청구
Text

1. Revocation of a judgment of the first instance;

2. The conjunctive claim portion among the instant lawsuit shall be dismissed.

3. The plaintiff's primary domicile.

Reasons

1. Details of the disposition;

A. The Plaintiff (the title at the time of its establishment was changed to the name as of May 20, 2010) is the Housing Redevelopment and Improvement Project Association, which was authorized by the Defendant under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 8785, Dec. 31, 2007; hereinafter “Urban Improvement Project Association”) for the purpose of implementing a housing redevelopment project in the Dongjak-gu Seoul Metropolitan Government Black-dong 247 large-scale 62,781 square meters (hereinafter “instant rearrangement Zone”).

B. The Plaintiff received project implementation authorization from the Defendant on July 10, 2006, and the project implementation plan is indicated as 62,781 square meters and floor area ratio of 204.13%.

On January 21, 2008, the Plaintiff obtained authorization for the implementation of the project from the Defendant, and obtained the authorization for the implementation of the project on January 30, 208.

C. On May 20, 2010, the Plaintiff obtained project implementation authorization from the Defendant. According to the changed project implementation plan, the implementation area is 65,210.9 square meters and floor area ratio is 220.42%.

As can be seen, the Defendant added the conditions of authorization (hereinafter “instant conditions of authorization”) to the schools newly established in the district, which are subject to the principle of joint burden, to consult and process with Dongjak-gu separately (1,819 square meters in size).

On October 15, 2010, the Plaintiff obtained re-authorization for the implementation of a project from the Defendant. According to the changed project implementation plan, the implementation area is 65,210.9 square meters and floor area ratio is 223.51%.

On November 26, 2010, the Plaintiff received an administrative disposition plan from the Defendant.

E. On September 7, 2011, the Defendant presented the amount to be borne and borne by newly established schools in each district through the “Plan for the Joint Implementation of New Schools in Black Urban Renewal Acceleration Districts” (hereinafter “instant plan”). The Plaintiff’s amount to be borne was KRW 98.01 billion.

F. The Plaintiff, around October 9, 2012, bears the burden on the Defendant regarding the imposition of the joint contributions for newly established schools.

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