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(영문) 수원지방법원 2020.06.11 2019구합65437
개발부담금부과처분취소
Text

1. The defendant on April 5, 2018:

A. Imposition of development charges of KRW 9,208,480 on Plaintiff C;

B. The plaintiff.

Reasons

1. Details of the disposition;

A. (1) Division of land and permission for development activities (1) 1853 square meters of land in Gwangju-si D Forest and 1853 square meters, each divided land is specified only once, and each of the instant lands is divided and ownership changes are as follows (hereinafter “Plaintiff B”) (hereinafter “Plaintiff B”). (2) E, Plaintiff B, and F specify some of the lands before subdivision on February 13, 2012, and specify the location of multi-household housing site creation for the purpose of creating multi-household housing site. (4) The former National Land Planning and Utilization Act (amended by Act No. 15727, Aug. 14, 2018; hereinafter “National Land Planning Act”).

(2) Article 56(1) of the same Act is subject to the permission for development activities prescribed under Article 56(1) and the permission for extension of development activities was granted on September 16, 2014, and the Plaintiff’s project implementer was changed to Plaintiff C. The land before subdivision and transfer of ownership on March 23, 2012. Division and transfer of ownership on March 24, 2014, Plaintiff B (530/1707) (540/1707) owned by Plaintiff B (530/1707) (637/1707) F (637/1707) 540 square meters of D forest (201.24, March 24, 2014) owned by Plaintiff C (Plaintiff B (2014.3.24, March 24, 2014) 530 square meters of forest land owned by Plaintiff 21,530 square meters of forests and fields (the Plaintiff, etc., Plaintiff 21, 2415.215.21)

B. (1) On February 27, 2015, Plaintiff C, Plaintiff B, and F obtained a building permit for multi-family housing (multi-household) on each of the instant lands from each of the instant owners, and on August 21, 2015, the building owner changed the F’s land to Plaintiff A.

(2) On July 5, 2016, Plaintiff C was approved for the use of each multi-household house called “K building L,” Plaintiff B’s “K building M, N,” and Plaintiff A’s “O” on July 5, 2016.

C. The Defendant imposing development charges: (a) deemed that the Plaintiffs succeeded to the G development project for the land before the division, which is an area other than an urban area, or that the Plaintiffs jointly implemented the development project; and (b) on April 5, 2018, Plaintiff C’s multi-household housing site development project.

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