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1. The Defendant’s disposition of imposing development charges of KRW 176,332,360 against the Plaintiff on June 12, 2014 shall be revoked.
2...
Reasons
1. Details of the disposition;
A. B obtained permission from the Defendant for conversion of the use of Class II neighborhood living facilities (hereinafter “permission for conversion of mountainous district”) with respect to the exclusive use area of 4,262 square meters in total of 6,346 square meters of each of the respective lands of Da, D, E, and F (hereinafter “each of the instant lands”), from the Defendant on May 30, 2006. On August 16, 2006, B obtained permission for conversion of the use of Class II neighborhood living facilities (hereinafter “permission for conversion of mountainous district”). Of each of the instant lands, it obtained permission for conversion of the use of Class II neighborhood living facilities (hereinafter “permission for conversion of mountainous district”).
B. On March 31, 2008, Jeongsung C&C Co., Ltd. (hereinafter “YAC”) obtained permission for conversion of mountainous district from the Defendant on the following grounds: (i) the name of permission for conversion of mountainous district from the Defendant to the manufacturing facility of Class II neighborhood living facilities (manufacturing facility, office, retail store) for the exclusive purpose; (ii) the name of permission for conversion of mountainous district is fixed, and the name of the permission for conversion of mountainous district is changed to Class II neighborhood living facilities (office) for the exclusive purpose; and (ii) the name of the application area is changed to 2,084 square meters; and (iii) the permission for conversion of mountainous district was obtained from the Defendant on July 9, 2008, each conversion of mountainous district, the name of each of the above permission for conversion of mountainous district is changed to MMtech.
C. On April 22, 2010, each of the instant lands was sold at will, and the Plaintiff paid the price in full on May 25, 2010 after winning each of the instant lands at KRW 1,100,000,000. On the same day, each of the instant lands was registered for the transfer of ownership due to voluntary auction under its own name. On July 22, 2010, the Defendant obtained permission for the change of the name of each mountainous district conversion from the Defendant to himself/herself.
Each of the instant lands was subject to registration conversion on January 31, 2012, and became land of H, I, J, and K in Sung-si. On February 9, 2012, H 6,463 square meters of H forests and fields were combined. On May 7, 2012, 2,201 square meters of the said land was divided into L.
E. On April 27, 2012, the Plaintiff is on the H’s ground from the Defendant.