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(영문) 대전지방법원 2017.02.08 2015구합2361
농지보전부담금부과처분취소
Text

1. The Defendant’s disposition of imposition of farmland preservation charges of KRW 245,902,560 against the Plaintiff on May 7, 2014 is revoked.

2...

Reasons

1. Details of the disposition;

A. On January 29, 197, Jindong Housing Co., Ltd. (hereinafter “Jindong Housing”) obtained a project plan for a housing construction project (hereinafter “instant apartment project”) with the content of constructing apartment houses (multi-family housing) with the 15th, 7th, 15th, and 1,440 households (hereinafter “instant apartment”) on the ground of the 54,369 square meters in total of the site size of the Dogdong-si and the 23th, Sinsan-si (hereinafter “instant land”). In the process of obtaining the said project plan, on August 17, 1996, the Defendant paid farmland preservation charges of KRW 245,902,560 to the Defendant.

B. During the process of the construction of the instant apartment, re-owned housing was disposed of in default on February 2001, and accordingly, the said construction was suspended at the rate of 40%.

On May 10, 201, the Eastern Comprehensive Construction Co., Ltd. (hereinafter referred to as the “Dongdong Comprehensive Construction”) acquired the instant land and the instant project project rights from the housing in Dongdong on May 10, 2001. On July 16, 2001, the approval of the modification of the housing construction plan with the content that the project proprietor’s name of the project in the instant case was changed from the Asan City to the Dong Dongdong Comprehensive Construction.

C. On December 2002, the construction of the instant apartment was suspended at the rate of 70% due to the lack of funds.

On April 18, 2003, the Jungwon SM Co., Ltd. (hereinafter referred to as the “JSM”) acquired the instant land and apartment and business rights of the instant land from the Eastern General Construction. On September 9, 2003, it obtained a modified approval for the housing construction plan from the Agsan General Construction to the Hanwon SM, with the content that the project proprietor of the instant project was changed from the Agsan General Construction to the name of the proprietor of the instant project.

F. On April 30, 2009, a new mutual savings bank (hereinafter referred to as the “Mau mutual savings bank”) received the award of the instant land and apartment in the voluntary auction procedure for the instant land and apartment, and on June 25, 2009.

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