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(영문) 수원지방법원 2020.07.09 2019구합69309
개발부담금부과처분취소
Text

1. The Defendant’s imposition of development charges of KRW 151,940,100 against the Plaintiff on April 24, 2019 shall be revoked.

2...

Reasons

1. On September 17, 2008, the head of Suwon-si, the head of the Gu filed a building permit (hereinafter “instant building permit”) for the purpose of constructing Class 1 neighborhood living facilities (a resting restaurant and a total floor area of 147 square meters) with respect to the area of 933 square meters among the 1,381 square meters of forest E in Suwon-si (F forest and forest as of July 19, 2016; hereinafter “instant land before the instant subdivision”), which was owned by the head of the Gu, for the purpose of constructing the first class neighborhood living facilities (hereinafter “instant building permit”), and filed a construction report on October 15, 2008.

Plaintiff

A, G, and H (hereinafter referred to as “Plaintiff A, et al.”) purchase from D on May 3, 2012, one parcel, other than the land of this case, prior to the instant partition, by specifying the location of each parcel, and by the same year.

6.25. The registration of ownership transfer shall be completed with respect to each one-third share of the above land.

Plaintiff

A and two persons, on February 6, 2013, filed a report on the change of the building owner of the instant building permit with the head of Suwon-si on the change of the building owner to the Plaintiff A and two persons, and on August 21, 2013, obtained a construction permit to change the main use of the said permitted building into the first class neighborhood living facilities (retail stores, resting restaurants, parking lots, and 253.72 square meters) and the site area into 1,381 square meters (hereinafter referred to as “the first change permit”).

Plaintiff

B On November 12, 2014, the sales contract was concluded in the name of the first name on March 27, 2013 of the above G G on March 2013.

(A) Nos. 7-1. hereinafter referred to as "Nos. 7-1" in the name of a person for convenience;

H Purchase 645 square meters of the land before the instant partition, and Plaintiff C purchased 368 square meters of the land before the instant partition from H and Plaintiff on the same day, and completed each transfer registration on November 26, 2014.

On March 6, 2015, the Plaintiffs changed the owner of the instant building permit to the Plaintiffs. On April 29, 2015, the Plaintiffs obtained a construction permit to change the main purpose of the building site to a detached house (total floor area of 587.16 square meters) and to a site area of 1,271 square meters (hereinafter referred to as “the second change permit”). On April 11, 2016, the Plaintiffs obtained a construction permit to change the main purpose of the building site to a single house (total floor area of 587.16 square meters).

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