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(영문) 의정부지방법원 2017.12.26 2016구합7502
개발부담금부과처분 취소청구
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. In order to create an industrial complex on the land of 299,663 square meters in the Do-ri-ri, Seoju-ri, Seoju-si, the Plaintiff obtained authorization from the Gyeonggi-do Governor on April 6, 2009 for the alteration of designation (development plan) and implementation plan of the general industrial complex on April 6, 200, and on January 24, 2014, the Plaintiff conducted a business after obtaining approval for the alteration of an industrial complex plan on May 19, 2014. On May 19, 2014, the Plaintiff obtained authorization for the completion of the business as to the 297,711.7 square meters in the Do-ri, Seoju-ri (297,711.5 square meters thereafter; hereinafter referred to as “instant land”).

B. On December 9, 2015, the Defendant imposed development charges of KRW 2,969,070,460 on the Plaintiff on the Plaintiff on December 9, 2015, following the examination prior to the scheduled imposition notice and notification

(hereinafter “Disposition of this case”). 【Disposition of this case’s ground for recognition of this case’s Disposition of this case’s Nos. 1, 2, and 1, 3 of Gap’s No. 1, 2, and Eul’s No. 1, 3 (including Serial number; hereinafter the same shall apply)’

2. Whether the disposition is lawful;

A. The Plaintiff’s assertion was that the officially announced land price of land 23-1 in the 2012, the 300,000,000 square meters/m2 in the 2012, on the actual land price of the instant land (hereinafter “the instant standard land”) designated as the reference land for the instant land, and was determined as 360,000/m2 in the 2013 and 2014 by reflecting the construction of a road on the reference land for the instant year as a result of the construction of the instant reference land for the instant year, but the Defendant stated that the instant reference land was still blind in the survey of the reference land and the price assessment opinion in the 2013 and 2014, and thus, the instant disposition was unlawful and revoked.

(b) as shown in the attached Form of the relevant statutes;

C. According to Articles 8, 9(3), and 10(1) of the Restitution of Development Gains Act, the imposition standard of development charges shall be imposed on the value of the land subject to imposition at the end of the imposition.

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