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(영문) 서울행정법원 2015.01.15 2014구합67093
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 August 13, 1974, a person under whose name was omitted had constructed a building [the purpose of use: factory and warehouse: 16.73 square meters (factory), 254.78 square meters (ware and store) and 59.41 square meters (factory) on the ground-based 1st floor (hereinafter “previous building”) in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu (hereinafter “instant land”) and obtained approval for use of the building from the Defendant on August 13, 1974.

B purchased the instant land and previous buildings around 1978, and on May 25, 2010, upon the death of B, C, D, E, F, G, and H (hereinafter “C, etc.”) inherited the instant land and attached buildings.

B. C, etc. filed an application for a building permit with the Defendant to construct a building on the instant land [use: Business Facilities (Officetel 175 rooms) and Class I neighborhood living facilities (retailing stores): Two underground floors, ten floors above ground, total floor area, 7,415.96 square meters; hereinafter “instant building”) and the Defendant issued a building permit upon application with C, etc. on November 20, 2012.

(A) On November 2, 2012, the Defendant sent a notice to C, etc. on November 2, 2012, stating that “The instant development project is a development project involving the de facto land category change (hereinafter “the instant development project”), which constitutes a project subject to development charges pursuant to Article 5 of the Restitution of Development Gains Act (hereinafter “the Restitution of Development Gains Act”) and Article 4 of the Enforcement Decree of the Restitution of Development Gains Act (hereinafter “Enforcement Decree of the Development Gains Refund Act”), and thus, it constitutes a project subject to development charges. Accordingly, the Defendant shall submit a statement of calculation of development costs within 40 days from the date of approval for use of the building, and if the statement of calculation of development costs is not submitted within the said period, the administrative fine shall

C. On August 31, 2012, the Plaintiff entered into a sales contract with C, etc. for the instant land, and on December 18, 2012, the instant land was located within the land transaction permission zone stipulated under Article 117(1) of the National Land Planning and Utilization Act.

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