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(영문) 서울중앙지방법원 2015.01.29 2014가합44609
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts falling under any of the following subparagraphs may be found either in dispute between the parties or in each entry in Gap evidence 1 to 6 (including each number; hereinafter the same shall apply) by reference to the whole purport of the pleadings:

The Plaintiff is the Housing Redevelopment Development and Improvement Project Association that received authorization from the head of Seongdong-gu in Seoul on July 2007 from the head of Seongdong-gu in its business area for the 632 project, for the authorization of the project implementation on February 2, 2008, for the authorization of the management and disposal plan on November 2008, for the authorization of the implementation of the project on September 201, for the authorization of the management and disposal plan on September 5, 201,

(hereinafter the plaintiff's redevelopment improvement project is the project of this case).

The existing number of households in the project area of this case was 614 households, and 403 households are newly constructed due to the implementation of the project of this case.

C. The head of Seongdong-gu imposed on the Plaintiff KRW 172,022,90 on April 24, 2013, and KRW 7,256,00 on May 24, 2013 as the charges for each school site (hereinafter “instant disposition”), and the Plaintiff paid the said charges within the given period.

The provisions of the relevant Acts and subordinate statutes are as follows:

[Special Cases Concerning the Securing, etc. of School Sites (hereinafter referred to as the "Special Cases Concerning the Securing, etc.")

[Attachment] Article 2 (Definitions)

3. The term "charges for school sites" means expenses collected from development projects by the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors, or the Governor of a Special Self-Governing Province in order to procure school sites or to extend schools in close proximity where procuring school sites is impossible.

Article 5 (Imposition and Collection of Charges) (1) A Mayor/Do Governor may develop the land for constructing a detached house in the development project area and impose and collect charges on and from the persons selling the collective housing.

Provided, That the same shall not apply to any of the following development projects:

5. Article 2 subparagraph 2 (b) through (d) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents;

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