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(영문) 수원지방법원 2016.06.24 2014구합59369
개발부담금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On August 5, 201, Nonparty C obtained approval for the establishment of a factory with respect to 163.89 square meters out of D 1,653 square meters of land for a factory (hereinafter “1 land”) and E road 893 square meters (hereinafter “third land”).

Plaintiff

A on November 7, 201, after changing the authorized person of the above factory construction to himself/herself, newly constructed a factory on the ground and obtained approval on December 7, 2012.

B. On August 5, 201, Plaintiff B obtained approval for the establishment of a factory with respect to F 2,097 square meters of land for a F 2,097 square meters (hereinafter “second land”) and 370.21 square meters of land among the third land, and obtained approval for the use of the building on the ground.

C. The Defendant requested an appraisal corporation and one appraisal corporation to appraise the land price at the time of termination to impose development charges on the Plaintiffs.

The above two appraisal corporations: (a) select G factory site as a comparative standard site; (b) calculate the value of other factors as “1.60 square meters;” and (c) calculate the value of each unit area as “1.60 square meters; (b) the Pacific appraisal corporation sent a reply to each appraisal (hereinafter collectively referred to as “disposition”) with “1 land: 408,000 square meters; (c) 43,000 square meters; (d) 2 land: 43,000 square meters; (e) 34,00 square meters; and (e) 134,000 square meters; and (e) one appraisal corporation sent a reply to each appraisal (hereinafter referred to as “a combined appraisal”) with “40,000 square meters, 2 land: 429,000 square meters; and (e) 3: 135,000 square meters or more.

In calculating the arithmetic mean of the appraised value of the above two appraisal corporations, the Defendant: (a) separately determines the land at the time of termination as the unit area: 408,000 square meters; (b) 431,000 square meters; (c) 431,000 square meters; and (d) 3:4,500 square meters; and (c) imposed development charges on Plaintiff A on December 11, 2013 based on the land at the time of completion of each of the instant land calculated as above; and (b) imposed development charges of KRW 50,11,830; and (c) development charges of KRW 67,57,82

The sum of the amounts will be less than '.'

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