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(영문) 대전고등법원 2013.01.10 2012누1110
개발부담금환급거부취소
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On December 18, 2006, the Plaintiff newly built an apartment on the ground of 53,055.9 square meters in aggregate of 1077 Masan, Hong-gun, Hongsung-gun, Hongsung-gun, Hongdong, and four parcels (hereinafter “instant apartment”), after obtaining approval from the Defendant for a housing construction project plan under the Housing Act, and obtained approval from the Defendant on May 29, 2009.

B. On September 23, 2009, the Defendant imposed development charges of KRW 598,835,300 on the Plaintiff (hereinafter “instant disposition”). The Plaintiff dissatisfied with the instant disposition and filed an administrative appeal and administrative litigation. On November 19, 2010, the Defendant accepted the court’s recommendation for mediation and refunded development charges of KRW 29,753,630 among the development charges that the Plaintiff paid to the Plaintiff.

C. After the instant disposition was issued on June 16, 201, the Plaintiff: (a) paid KRW 395,712,400 (the amount included in KRW 179,263,200, which was paid on August 31, 2009, which was prior to the instant disposition; hereinafter “instant school site charges”); (b) filed an application for refund of development charges (hereinafter “instant application”) with the Defendant on the part of the instant apartment after the instant disposition was issued on June 16, 201; (c) and (d) that the amount should be deducted as development costs; and (d) the Defendant’s claim that the additional development costs cannot be refunded after the completion of the disposition imposing the instant development charges on June 24, 2011.

(hereinafter “instant reply”) D.

The imposition and payment details of school site charges imposed on the Plaintiff in relation to the apartment of this case are as follows.

The amount to be paid as of February 29, 2008, the amount to be paid as of February 265, 200,80 265,230,230,800 was deducted as development costs at the time of the instant disposition for imposition of this case on August 31, 2009, including KRW 17,700,000,000, 17,785,040 interest and KRW 85,040 on December 27, 2009, including KRW 17,70,000,000, 17,785,040 interest and KRW 85,040 on February 11, 2010, including KRW 2,903,603, 902, 903, 6003, 31, 3157, 200.

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