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(영문) 서울행정법원 2018.05.24 2017구합61560
학교용지부담금부과처분 취소의 소 등
Text

1. The part concerning the claim for refund of charges in the instant lawsuit is dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. Details of the disposition;

A. The plaintiff was established on February 6, 199, and has its head office in Seocho-gu Seoul Metropolitan Government, Seocho-gu and the second floor, and has carried out the business of real estate development and implementation.

B. On December 11, 2015, the Plaintiff obtained approval for a joint housing construction project (hereinafter “instant project”) with the content that the scheduled date for commencement from the Defendant was March 31, 2016, and the scheduled date for pre-use inspection was June 30, 2019 and the construction of two main apartment units, one officetel, etc. in the project zone outside Geumcheon-gu Seoul Metropolitan Government and three lots of land (hereinafter “instant project zone”).

C. On December 21, 2016, in order to impose the school site charges on the instant project, the Plaintiff filed a request with the Defendant for exemption from the school site charges under Article 5(4)2 of the former Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Act No. 14569, Feb. 8, 2017; hereinafter “former School Site Act”).

On January 17, 2017, based on Article 5 of the former School Sites Act and Article 5-2 of the former Enforcement Decree of the Act on Special Cases Concerning the Securing, etc. of School Sites (amended by Presidential Decree No. 28295, Sep. 19, 2017), the Defendant issued a disposition imposing charges for school sites to pay KRW 1,506,280,000 to the Plaintiff by February 17, 2017.

(hereinafter “instant disposition”) e.

On February 3, 2017, the Plaintiff filed an objection with the Defendant requesting the revocation of the instant disposition. On February 17, 2017, the Plaintiff paid KRW 1,506,280,000 (hereinafter “instant charges”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion of this case

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