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(영문) 대구지방법원 2015.10.20 2015구합22013
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 August 21, 2014, the Plaintiff filed an application for a construction permit with the following contents for the purpose of extending the buildings listed in Table 2 No. 2 attached hereto (hereinafter “each of the instant lands”) with respect to the same 1,028 square meters in Daegu-gu B, Daegu-gu, Seoul-gu, 367 square meters in the same Gu, D parking lot 88 square meters in the same Gu, and the same 158 square meters in the same order (hereinafter “instant land”). On September 11, 2014, the Plaintiff obtained permission for extension from the Defendant on September 11, 2014:

(hereinafter the construction of the building in this case is referred to as the “instant development project.” An area necessary for the construction of the building in this case: The total floor area of 1,641 square meters: 446.25 square meters: Total floor area of 592.5 square meters: The number of main buildings: Class II neighborhood living facilities (repair stores).

B. On September 15, 2014, the Defendant notified the Plaintiff that “The instant development project constitutes a project subject to development charges pursuant to Article 5 of the Restitution of Development Gains Act (hereinafter “Development Gains Restitution Act”), which entails a change of land category, and thus, constitutes a project subject to the imposition of development charges, the Defendant shall submit a detailed statement of the calculation of development costs within 40 days from the date the authorization, etc. for completion of the project (construction completion and usage inspection) was obtained, and, if not submitted within the said period,

C. On November 12, 2014, the Defendant approved the use of the instant building; accordingly, the Plaintiff submitted a statement of calculation of development costs to the Defendant on December 22, 2014; thereafter, on February 3, 2015, the Defendant notified the Plaintiff of the scheduled imposition of development charges as follows:

(2) At the starting point of the market price of the deduction amount as of November 12, 2014: 884,937,853: the starting point of the commencement of development costs: 5,411, 191, (3) development gains: 691,94, 841 (1) - (4) - 172,986, 210 x 25/103 x 25/100 of development charges.

D. On March 23, 2015, the Plaintiff’s error in calculating the market price of the land of this case to the Defendant.

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