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(영문) 수원지방법원 2016.12.20 2016구합64570
개발부담금부과처분취소
Text

1. The Defendant’s imposition of development charges of KRW 3,177,223,450 against the Plaintiffs on November 3, 2014 shall be revoked.

2...

Reasons

1. Basic facts

A. On October 2, 2007, the Plaintiffs approved the housing construction project plan shall obtain from the Defendant on October 2, 2007 the approval of the housing construction project plan: (a) 1,089 square meters in Song-dong (hereinafter referred to as “Maju-si”) 15,089 square meters; (b) 15-1 square meters in Song-dong; (c) 15-2, 5,980 square meters in Song-dong; (d) 1,830 square meters in Song-dong; (c) 1,200 square meters in Song-dong; (d) 1,200 square meters in Song-dong; (e) 1,124 square meters in Song-dong; (e) 20-1, 20-1, Song-dong; (e) 15-3,944 square meters in Song-dong; and (e) 15-15-4,25,400 square meters in total; (e) 3, 147 Dong residential facilities;

On March 24, 2009, Song-dong 20-1, 690 square meters was divided into 20-1 square meters prior to Song-dong 20-1 and 113 square meters prior to Song-dong 20-8, Song-dong.

As the Plaintiffs donated the area of 113 square meters prior to Song-dong 20-8 to Gwangju City, the area of the site of the instant business was reduced to 25,287 square meters (=25,400 square meters - 113 square meters).

(Adjustment of each of the above lands is as shown in attached Table 1 [Attachment 1], and each of the above lands is "each of the above lands", and when each land is individually named, "the land of this case" shall be b.

After the completion of the project, the Plaintiffs newly built an apartment on each of the instant land and completed the instant project on May 31, 2010 after undergoing a pre-use inspection from the Defendant.

C. On January 1, 2007, the Defendant determined and announced the officially assessed individual land price as of January 1, 2007 based on the "Guidelines for Investigation and Calculation of Individual Land Price" prepared by the Minister of Construction and Transportation for the land of this case.

In this process, as shown in attached Table 1 [Attachment 1], the Defendant shall use 126-5 square meters prior to 126-5 square meters prior to 445 square meters for the land of this case designated as a management area, and 31,636 square meters for the land of this case among the land of this case 8,35 square meters designated as an agricultural and forest area, and 2,589 square meters for the remaining 2,589 square meters and the instant land.

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