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(영문) 서울행정법원 2012.12.14 2012구합850
개발부담금부과처분취소
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 February 28, 2003, the Plaintiff completed an urban environment improvement project (hereinafter “instant development project”) in relation to the project area as at the time of completion of the project, after obtaining authorization of completion on May 2, 201 (hereinafter “date of commencement”) from the Defendant, for the purpose of running an urban environment improvement project, after obtaining authorization of completion on February 14, 2002 from the Defendant as the project implementation district (hereinafter “date of completion”) and from May 2, 201.

(2) The appraisal value of KRW 6,287,841,51,517 at the time of commencement of the appraisal of KRW 6,287,841,517 at the time of completion of the appraisal of KRW 5,719,065,519 at the time of commencement of the appraisal of KRW 6,287,841,861 at the time of completion of the appraisal of KRW 6,287,151,461 at the time of commencement of the appraisal of KRW 5,719,065,519, and KRW 065,67,364 at the time of development gains.

On July 28, 2011, the Defendant: (a) against the Plaintiff, each land listed in the separate sheet of real estate No. 1 (hereinafter “instant land”); and (b) each land listed in the separate sheet of real estate No. 2 attached hereto (hereinafter “instant land”) among the land within the said project implementation district; and (c) the Restitution of Development Gains Act (hereinafter “Development Gains Restitution Act”).

() Article 10(5) of the Enforcement Decree of the same Act and Article 11(7)1 of the Enforcement Decree of the same Act shall be deemed to fall under “where there is no individual land price for the land subject to imposition when calculating the land price as of the starting point and the ending point,” respectively. The land price as of the starting point and the starting point of the land of the instant 1 and 2 land shall be determined by the arithmetic mean of the values of the new appraisal corporation future (hereinafter “new appraisal corporation”) and the three-party appraisal corporation (hereinafter “three-party appraisal corporation”) under Article 10(5) of the Development Gains Refund Act and Article 8(2) of the Enforcement Rule of the same Act.

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