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(영문) 서울고등법원 2018.02.01 2017누77482
개발부담금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

The court of the first instance’s reasoning for the instant case is as follows: (a) except for adding a determination of the Plaintiff’s assertion on “the illegality of land price calculation at the time of termination of the land relevant to the retail store site development project, which is the subject of the disposition of imposition against the Plaintiff,” pursuant to Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, this case is cited.

(1) In addition, the court of first instance that rejected the Plaintiff’s assertion even if all the evidence submitted at the court of first instance and the court of first instance were examined, the court of first instance that rejected the Plaintiff’s assertion. The Defendant asserted as to whether there was a defect in the selection of a standard for comparison of the additional determination is justifiable. In selecting a standard for the imposition against the Plaintiff, the Defendant should have selected the land located within the similar price zone (hereinafter “instant land”), which is the land related to the retail store site development project, the most similar in terms of convenience, and the current use of the land. However, the Plaintiff did not err by selecting a standard for comparison of the instant land (hereinafter “instant land”), unlike the current use of the instant land.

Judgment

In addition to the purport of the entire argument in Eul evidence No. 9, the land of this case is located in the AP Ri in Gwangju City, and is located in the SP, and the surrounding environment is a small factory zone after the AR National Highway and the comparison standard site for the land of this case was selected as a comparative standard site. The comparison of land characteristics and calculation details on the comparison standard between the land of this case and the land of this case can be acknowledged as follows.

In the case of the land in this case, the land of this case is classified as the price distribution rate, land category, large-scale special-purpose area, natural green belt, and land use status (land use).

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