1. The Defendant’s imposition disposition of KRW 294,794,400 against the Plaintiff on January 2, 2015 shall be revoked.

2...

1. Details of the disposition;

A. On April 27, 2012, the Plaintiff entered into a land trust agreement for sale for the purpose of the construction and sale of a new complex building (247 units of urban-type residential housing, officetels 73 units, and neighborhood living facilities; hereinafter “instant multi-family housing”) on the ground of the land in Ulsan-dong, Nam-gu, 832-3, Nam-gu, Ulsan-gu, and the sale for lots (hereinafter “instant multi-family housing”) and obtained approval from the Defendant on June 18, 2012 for the instant multi-family housing.

B. From June 2012 to December 2014, the Plaintiff commenced the sale of the instant collective housing, and completed the sale of the instant collective housing to 247 households among the instant collective housing, and obtained approval for the use of the instant collective housing from the Defendant on February 28, 2014.

C. On January 2, 2015, the Defendant rendered a disposition imposing KRW 294,794,400, which is 0.8% of the selling price of the instant multi-family housing, as school site charges (hereinafter “instant disposition”) to the Plaintiff pursuant to Articles 5 and 5-2 of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “Special Cases Act”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. Whether the instant disposition is lawful

A. Although the Plaintiff’s assertion that the instant project had been carried out in a region where it was not necessary to establish a school or to extend the existing school due to the continuous decline of the school population for the last three years, the Defendant did not exempt the Plaintiff from the school site charges pursuant to Article 5(4)2 of the Act on Special Cases, and thus, the instant disposition was unlawful by deviating from or abusing discretion.

B. Fact 1) On September 2, 2014, Bolli Co., Ltd. asked the Office of Education of Ulsan Metropolitan City about the current status of school districts and neighboring school new students of the instant apartment houses. The Office of Education of Ulsan Metropolitan City, Busan, Office of Education, Sept. 4, 2014.