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(영문) 수원지방법원 2018.08.23 2018구합62684
기타부담금부과처분취소
Text

1. The Defendant’s imposition of charges for each school site listed in the [Attachment 1] Disposition List against the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a housing reconstruction project association established on March 29, 200 for the purpose of implementing a project for re-building of light land (hereinafter “instant project”) with light name 6,354-24,000 square meters of light name 74,192.90 square meters of light name 6-dong 354,192 as a project implementation district.

B. The Plaintiff obtained the authorization of the project implementation plan for the instant project from the Defendant on June 30, 2006, and obtained the authorization of the implementation plan on October 19, 2006, after receiving the approval of the management and disposal plan on December 5, 2008, for sale on February 18, 201, and obtained the authorization of the completion on September 15, 201.

C. On January 16, 2006, the Defendant designated an improvement zone for the instant project (Evidence 1 of the Act), and revised the designation on May 11, 2007 and March 2009 (Evidence 2 and 3 of the Act), and finally announced the alteration of the improvement zone (No. 2012-79, and No. 2 of the Act) on November 23, 2012.

According to the designation and public notice of the instant improvement project, the standard number of households in the rearrangement zone is 93 households, and the number of households residing on resident registration is 1,500 households, and the number of households to be supplied due to the implementation of the instant project is 1,267 households (including 112 households in rental housing).

The Defendant issued a disposition imposing charges for school site charges of KRW 260,185,900 (hereinafter “charges”) to the Plaintiff on the basis of each date stated in the separate sheet of Disposition No. 1 attached hereto, pursuant to Articles 5 and 5-2 of the former Act on Special Cases Concerning the Acquisition, etc. of School Sites (Amended by Act No. 13006, Jan. 20, 2015; hereinafter “former School Site Act”) on the basis of the respective “general number of household units” stated in the separate sheet of Disposition No. 1 attached hereto.

(2) Article 5(1) proviso of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Presidential Decree No. 2020, Jul. 25, 2013) provides that “each of the dispositions in this case shall be classified as “the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents” and each disposition shall be classified as “the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents” by the sequence

Article 2(2)(c).

(b) in accordance with the provisions of the following items:

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