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(영문) 대전고등법원 2019.01.17 2018누11553
개발부담금부과처분취소
Text

1. Revocation of the first instance judgment.

2. Development charges imposed on the Plaintiff on July 7, 2017 KRW 2,867,827,830.

Reasons

1. Details of the disposition;

A. On May 9, 2014, the Plaintiff obtained from the Defendant the approval of the housing construction project plan (hereinafter “instant development project”) to build 13 units of apartment houses on the land of seven parcels, including the land on which the project site for the instant development project (7 parcels, such as the project site for the Seobuk-gu, Seoan-gu, Seoul) was divided as indicated in the above table, in the following table (hereinafter “instant land”).

On June 14, 2006, divided on June 13, 2007, 14, 47,100 square meters in the school site B in Seo-gu, Seo-gu, Seo-gu, 1,00 square meters on November 27, 2014, 43,671 square meters in the Seo-gu, Seo-gu, Seo-gu, Seo-gu, 1,000 square meters - AH 292 square meters in the 290 square meters in the Seo-gu, Seo-gu, 290 square meters in the 7,000,000, 43,301 square meters in the 7,000 square meters in the 29,000,000,000 in the 7,000,000,000,000 in the 7,000,000 in the 2,000,00.

B. On October 14, 2014, the Plaintiff entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with Q Q to implement the instant development project from each of the instant land, and on October 23, 2014, the Plaintiff completed the registration of ownership transfer based on the instant trust agreement in the name of Q Q as to each of the instant land in the name of each of the instant land.

The main text of the instant trust agreement is as follows.

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