The meaning of Article 8 (2) of the Gu Ordinance on Collection of Beneficiary Charges for Gwangju City Urban Planning Project

Article 8 (2) of the former Ordinance on Collection of Beneficiary Charges for Gwangju City Urban Planning Project (repealed by Ordinance No. 220, May 21, 1966; Ordinance No. 12, May 12, 1980) that does not result from the evaluation by lots of parcels, shall not be construed to the effect that, even if the relevant land is not increased by more than twice as a result of the implementation of an urban planning project, if the value of the land exceeds twice as a result of the implementation of the urban planning project exceeds twice as much as the total value of the sample land calculated based on the sample price, it shall not be construed to the effect that the beneficiary charges shall be imposed if the total value of the land

Article 8 (2) of the former Ordinance on Collection of Shared Amount of Beneficiary for Gwangju City Urban Planning Project (repealed by Ordinance No. 220 of May 21, 1966, Ordinance No. 968 of May 12, 1980) (Abolition by Ordinance No. 220 of May 21, 1966, Ordinance No. 968 of May 12, 1980)

Plaintiff

[Defendant-Appellee] Defendant 1 and 3 others

Gwangju High Court Decision 80Gu19 delivered on December 19, 1980

The appeal is dismissed.

The costs of appeal shall be borne by the defendant.

The defendant's attorney's grounds of appeal are examined.

Article 65 of the Urban Planning Act provides that an executor of an urban planning project may allow the persons who have suffered significant benefits from the urban planning project to bear part of the expenses required within the scope of such benefits, and Article 56 (1) of the Enforcement Decree of the same Act so delegated shall be imposed only when the land price exceeds twice the aggregate of the natural increase in the price before the implementation of the project due to the implementation of the urban planning project concerned. In light of the purport of the above provision, the issue of whether the price of the land exceeds twice the aggregate of the natural increase in the price before the implementation of the project, i.e., the requirement for imposing the above expenses, should be interpreted as the individual land (number of lots belonging to the same person or one adjacent to the same person), and the provisions of Article 8 (2) of the Enforcement Decree of the Urban Planning Act provides that the collection of sample charges of the former urban planning project operator of Gwangju-si, which was implemented at the time of the imposition of the case, shall not be construed as the aggregate of the price of the land before the implementation of the project in question and the whole price of the land.

In this case, the court below determined that the land of this case owned by the plaintiff was illegal because the price as of April 30, 1979, which was 250,000 won per square day before the commencement of an urban planning project, and the 12.7th of that year after the completion of the land was 430,000 won per square day, and that the price of this case does not constitute a case where the price of the land of this case exceeds twice the total amount of natural increase in the price before the implementation of the project exceeds twice the total amount of natural increase in the price before the implementation of the project, and the decision of the court below is just in favor of the above opinion and cannot be accepted, and the decision of the court below that the provision of Article 8 of the above Ordinance violates Article 56 (1) of the Enforcement Decree of the above Ordinance, which is the basis law, and thus has no validity, it is not justified because it did not affect the result of the judgment below that the disposition of this case was unlawful.

Therefore, the appeal is dismissed, and the costs of the appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Kim Jung-soo (Presiding Justice) and Lee Jong-young's Lee Jong-young