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(영문) 수원지방법원 2018.03.27 2017구합69947
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 November 27, 2013, the head of Yeongdeungpo-gu Office: (a) rendered a building permit (hereinafter “the first building permit”) to “B”; (b) the site lot number “B”; (c) the site area “8,451 square meters”; and (d) the details of the building “8,451 square meters”; and (b) accordingly, the permission for development under the National Land Planning and Utilization Act and the permission for mountainous district conversion under the Mountainous Districts Management Act were deemed respectively deemed to have been deemed to have been granted.

B. (1) On October 27, 2014, the head of Yeongdeungpo-si District District Office: (a) reduced or changed the construction permit to the effect that the first building permit on October 27, 2014 is granted to the person who is permitted to construct a detached house in the name of E; (b) “E”; (c) the site lot number “F; (d) the site area “4,044 square meters; and (e) the details of the building as “14 single houses” (hereinafter “2-1 construction permit”).

(2) On October 31, 2014, the Defendant notified the following: (a) of the permission for development activities and permission for mountainous district conversion for the purpose of “the creation of a single-unit housing site” on the land of 4,044 square meters of road size plus 733 square meters; and (b) of the permission for development activities and permission for mountainous district conversion for the purpose of “the creation of a single-unit housing site.”

3) In the event that the construction permission for the second-1 construction permission on September 9, 2015 is reduced to and changed to “1,630 square meters” and “4 single-house units” on the site area of the building site, and the construction permission for the second-2 construction permission (hereinafter “2-2 construction permission”).

A. Before 200:

C. The Plaintiff’s land ownership G is based on the time when the first building permit and the second-1 building permit were granted, and the co-ownership share registration was completed with B, E, etc. with respect to the F forest size of 10,129 square meters in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, including the said land subject to each of the above permits.

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