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(영문) 서울행정법원 2013.07.18 2012구합28704
학교용지부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On March 21, 2005, the Plaintiff received project implementation authorization for the housing redevelopment project (hereinafter “instant redevelopment project”) with the content that 2, Seodaemun-gu, Seoul, Chungcheongnam-gu, 65 and 75 units of multi-family housing (multi-family housing) are constructed (multi-family housing) at 15 and 681 units of the same Gu, and filed a report on the commencement of the construction of multi-family housing around January 22, 2007, after receiving the approval of the management and disposal plan on January 25, 2006.

B. On June 28, 2007, the Plaintiff continued to obtain temporary approval for the use from the Defendant on August 28, 2009, after the completion of sale around July 2007, 2007, on the 179 households excluding 502 households, which were sold to the residents of the instant redevelopment project area and the owners of the land and buildings.

C. From August 9, 2010 to the 20th of the same month, the Defendant conducted an audit on the actual condition of imposing charges related to rearrangement projects on behalf of the Seoul Special Metropolitan City. The audit officer pointed out that no charges for school sites were imposed in relation to the instant redevelopment project. Accordingly, the Defendant delegated authority from the Seoul Special Metropolitan City Mayor pursuant to Article 9(1) of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “the Act”) and Article 7(1) of the former Seoul Special Metropolitan City Ordinance on the Charges, etc. for School Sites (amended by Ordinance No. 5180, Sept. 29, 201) to the Plaintiff on October 8, 2010, on the ground that the Plaintiff constructed and sold multi-family housing with 100 households or more in the instant redevelopment project area, Article 5(1) of the Act, Article 9(1) of the former Enforcement Decree of the Act on Special Cases Concerning the Securing, etc. of School Sites (hereinafter “former Enforcement Decree”).

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