1. The Defendant’s disposition of imposing charges for school site amounting to KRW 532,297,00 against the Plaintiff on December 18, 2019 shall be revoked.

2...

1. Details of the disposition;

A. On June 17, 2015, the Plaintiff obtained authorization from the Defendant to establish a redevelopment association to implement a housing redevelopment project (hereinafter “instant project”) in Busan Shipping Daegu District (hereinafter “instant project zone”).

B. The Plaintiff obtained authorization for the implementation of the project that newly constructs a total of 199 households within the instant project zone from the Defendant, around April 2017, and received the authorization for the implementation of the project plan on January 24, 2018.

C. On December 18, 2019, the Defendant issued a disposition imposing a charge for school site charges of KRW 532,297,000 (hereinafter “charges”) on the Plaintiff (hereinafter “instant disposition”). In calculating the charges, “the number of households increased due to the implementation of the project,” among the total 199 households, deemed “the number of households increased due to the implementation of the project,” to be 153 households among the total 199 households, and calculated based thereon.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 5 evidence, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. Under Article 5-2 (1) and (2) 1 of the Act on Special Cases concerning the Securing, etc. of Claimed School Sites (hereinafter “School Site Act”), the method of calculating charges to be imposed on reconstruction and improvement project cooperatives pursuant to Article 5-2 (1) and (2) 1 is “the number of households increased due to the implementation of a rearrangement project (number of households before and after the implementation of the project - the number

Although the number of households prior to the implementation of the project is included in the “number of households prior to the implementation of the project,” the Defendant calculated only the number of households owned by the tenant and calculated the charges by excluding the number of households owned by the tenant.

(b) Entry in the attached Form of relevant statutes;

C. According to Article 1(1)3 of the School Sites Act, a Mayor/Do Governor may develop and sell land to build a detached house in a development project area or impose and collect charges on and from a person who sells multi-family housing. However, Article 2 subparag. 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions