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(영문) 창원지방법원 2018.08.22 2018구합50718
학교용지부담금부과처분무효확인 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Details of the disposition;

A. On April 29, 2005, a company for self-construction and DSSSSS (hereinafter collectively referred to as “self-construction, etc.”) obtained a construction permit for the construction of a main complex building with the size of 2,218.98 square meters in building area, 21,57.6 square meters in size, 21,57.6 square meters in size, 21,57.6 square meters in size, 21,57.6 square meters in size, 12, 5, and 132 households in size (hereinafter referred to as “former business”).

On May 25, 2005, the area of the building site was changed to 3,196.7 square meters under the above building permit.

In accordance with Article 38 (1) 1 of the former Housing Act (amended by Act No. 7600 of July 13, 2005), a person who applied for approval for the recruitment of occupants to the pre-revision project (hereinafter “first application”) has obtained approval from the Changwon City Mayor on June 16, 2005.

C. On October 15, 2010, the Plaintiff received a transfer of the position of the owner of the project prior to the change from the Changwon Construction, etc., and on April 25, 2012, the Plaintiff obtained a construction permit by changing the business from the Defendant Changwon Market into the construction area of 1,85.51 square meters, total floor area of 22,51.51 square meters, total floor area of 22,501.1931 square meters, 15, 4, and 164 households, a main complex building (hereinafter “after the change”).

On June 27, 2012, the Plaintiff obtained approval by filing an application for approval for the recruitment of occupants to the business after changing the original city Mayor (hereinafter “the second application”). On May 20, 2014, the Plaintiff obtained approval for the use of the building from the original city market.

E. Meanwhile, in accordance with Article 5 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (Amended by Act No. 13006, Jan. 20, 2015; hereinafter “Special Cases Concerning the Subsequent Amendment”), Defendant Changwon issued a disposition imposing charges for school sites amounting to KRW 11,692,00 on May 4, 2014; KRW 9,507,200 on September 1, 2014; and KRW 7,905,60 on October 27, 2014 (hereinafter “instant disposition”).

[Ground of recognition] The fact that there is no dispute, Gap 1 through 7, 9 through 5.

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