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(영문) 광주지방법원 2015.08.13 2013구합1843
개발부담금 부과처분 취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

Details of the disposition

On May 25, 2012, the Plaintiff obtained approval of the Plaintiff’s housing construction plan and approval for use from the Defendant on May 25, 2012 for the housing construction project plan for the 3,858 square meters of Gwangju Dong-gu B forest under the Housing Act. As seen earlier, as seen earlier, the Plaintiff started the business on the 3,746 square meters of the said B forest land (hereinafter “instant land”) and obtained approval for use on January 29, 2013.

(1) The Defendant’s calculation details of the disposition imposing development charges (i) determine that the land price at the time of completion 820,704,002 219,002 x 330,002 won in normal increase in land prices of 3,746 square meters x 330,02 won in normal increase in land prices of 249,553,930,930 x 66,500 square meters x 10,326,491 in normal increase in land prices of 3,746 square meters x 35,918,328 in development costs 35,918,328 in development gains (i) 204,905,2534 development charges (iii) x 51,226,310 is subject to development charges under the Restitution of Development Gains Act (hereinafter “Development Gains Refund Act”) and impose development charges on the Plaintiff on May 31, 2013.

After that, pursuant to Article 10(1) of the Development Gains Refund Act, the Defendant shall select the value calculated in accordance with the standard comparison table on the basis of the officially announced land price of reference land under Article 9(2) of the Public Notice of Values and Appraisal of Real Estate Act, which is the most similar to that of the land subject to imposition, as the land price at the time of completion, as the comparative standard place, and the land price at the time of termination of the instant land is calculated based on the officially announced land price, and the land price at the time of termination of the instant land shall be calculated based on the publicly announced land price, and the development charges shall be increased to KRW 71,126,940, as follows, to the Plaintiff on December 11, 2014.

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