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(영문) 인천지방법원 2018.06.08 2017구합55057
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 July 30, 2015, the Plaintiff filed an application for approval for the establishment of a factory with the Defendant to construct a factory building (hereinafter “instant development project”) on the ground of a total of 16,872 square meters of land outside 17,802 square meters of land B, Kimpo-si, Kimpo-si, in order to build a 4,922 square meters of land (hereinafter “instant development project”), and filed an application for permission for

On November 3, 2015, the defendant issued approval for factory construction, and accordingly, permission for construction, permission for conversion of mountainous district and permission for development was deemed to have been deemed to have been granted.

B. On March 14, 2017, the Plaintiff obtained approval for the use of the foregoing factory building, and on May 2, 2016, 2016, the 4,922 square meters of the 17,802 square meters of land B in Kimpo-si, Kimpo-si was subject to registration conversion and subdivision, and the land category was changed to the land for a factory on February 22, 2017.

C. On September 1, 2017, the Defendant imposed development charges of KRW 182,345,660 on the Plaintiff pursuant to subparagraph 7 (a business accompanied by land category change) among the projects subject to imposition of development charges prescribed in Article 5 Subparag. 7 of the Restitution of Development Gains Act (hereinafter “Development Gains Restitution Act”) and attached Table 1 of Article 4 of the Enforcement Decree of the same Act.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] A without dispute, Gap evidence 1 through 7, Eul evidence 1 through 11 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The instant disposition should be revoked on the ground that the Plaintiff’s assertion was based on the following grounds.

(1) Article 4 of the Enforcement Decree of the Industrial Cluster Development and Factory Establishment Act (hereinafter “Industrial Cluster Act”) shall not apply to the instant development project, as the site for the development project under the Industrial Cluster Development and Factory Establishment Act, and as it does not follow the Building Act, Article 4 subparagraph 7 of the Enforcement Decree of the Development Gains Restitution Act (hereinafter “attached Table”).

② The instant development project falls under “a project involving a change of land category in a de facto or public record book” as provided in subparagraph 8 (e) (2) of the attached Table of this case, and that column.

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