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(영문) 인천지방법원 2016.04.07 2015구합53019
개발부담금부과처분취소
Text

1. Of the plaintiffs' lawsuits, the imposition of development charges against the plaintiff A on June 25, 2015 by the defendant among the plaintiffs' lawsuits of this case 171,264.

Reasons

1. Details of the disposition;

A. Around July 6, 2006, C owned D 1,808 square meters, E 188 square meters, F 947 square meters, G 149 square meters (hereinafter “instant G land”) around July 6, 2006.

(2) On September 25, 2006, the 3,092 square meters in total were divided into D, 1,636 square meters (hereinafter “instant land”) and H, 172 square meters (hereinafter “instant H land”); F, 947 square meters in F, 505 square meters (hereinafter “instant F land”) and 442 square meters in I, respectively.

B. On September 27, 2006 through June 7, 2010, the Plaintiffs sold the shares of co-ownership on the instant land D, E, and I (hereinafter “instant land”), and subsequently, sold on March 15, 2013, during the process of construction of the instant land to the Jridges Association of Korea and Japan (hereinafter “JJ Association”), and on May 15, 2013, transferred the name of the owner of the building permit to the JJs Association.

The JJJ, after completing the construction of a building on the ground, obtained approval for use on August 2, 2013, and on September 12, 2013, the land category of the instant dispute was changed from “the answer” to “the site.”

C. (1) On April 15, 2015, the Defendant issued to the Plaintiffs on September 4, 2006, which was the date of permission for construction, a notice of scheduled imposition of development charges to the Plaintiffs as of August 2, 2013, which is the date of approval for use. The land price as of the starting point is the time of completing imposition, and 303,78,48,480 won calculated based on the publicly assessed individual land price pursuant to the main sentence of Article 10(3) of the former Restitution of Development Gains Act (amended by Act No. 12245, Jan. 14, 2014; hereinafter the same shall apply).

(2) The amount of the land at the time of termination of the imposition of the classification calculation (won) shall be 418,442,394 development costs 232,260,180 normal land prices riseed by 238,214,214,904.

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