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(영문) 서울고등법원 2016.12.22 2014누56361
학교용지부담금부과처분취소등
Text

1. Of the part concerning defendant Mapo-si in the judgment of the court of first instance, the amount of money ordered to be paid under paragraph (3) below.

Reasons

Details of the disposition

Article 8 and Article 9 of the former Housing Site Development Promotion Act (amended by Act No. 10764, May 30, 201) (amended by Act No. 10764, May 30, 201) which was designated and publicly announced as a housing site development project district under Article 8 and Article 9 of the former Housing Site Development Promotion Act (amended by Act No. 10764, May 30, 2009) on December 30, the Act on Special Measures for the Construction, etc. of Bogeumjari Housing (amended by Act No. 9511, Mar. 20, 2009; hereinafter referred to as the "National Rental Housing Construction Act") was applied to the National Rental Housing Construction Act before the wholly amended Act pursuant to Article 4.

The plaintiff asserts the illegality of the disposition of this case on the premise that the military rice site development project was implemented in accordance with the Special Act on the Construction of Bogeumjari Housing, etc., and the plaintiff's assertion to the effect that the project subject to the imposition of school site charges under the Special Act on Special Cases Concerning the Securing, etc. of School Sites does not include the development project implemented in accordance

Pursuant to Article 5 and Article 11, the plan was changed to the planned district of the national rental housing complex of the military coloned, and the change of the implementation plan was approved and announced.

On May 7, 2010, the Minister of Land, Transport and Maritime Affairs announced that Article 48 of the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 10764, May 30, 201; hereinafter referred to as the "Housing Construction Act") shall convert the district subject to the national rental housing of the 2nd unit in the Gun/Dong, which was designated and publicly announced as a national rental housing complex pursuant to Article 5 of the National Rental Housing Construction Act by Ordinance of the Ministry of Land, Transport and Maritime Affairs No. 2010-273 of the Ministry of Land, Transport and Maritime Affairs announced that the said Act is applied pursuant to Article 3 of the Addenda to the Act on the Construction of Bogeumjari Housing.

The plaintiff shall create a national rental housing complex for the Gun, with approval from the Governor of the Gyeonggi-do or the Minister of Land, Transport and Maritime Affairs.

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