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(영문) 수원지방법원 2014.10.02 2013구합9190
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On June 28, 2007, the Plaintiff newly constructed light warehouse facilities (hereinafter “instant building”) upon obtaining a construction permit on the land of 2,298 square meters on the land of miscellaneous land B in Yeongdeungpo-gu, Young-gu, Chungcheongnam-gu, 2007. On December 6, 2007, the Plaintiff obtained approval for use from the Defendant on December 6, 2007. Accordingly, the land category of the said land was changed from “miscellaneous land” to “ware site.”

B. On May 29, 2012, the Plaintiff reported the change of the use of the instant building to Class II neighborhood living facilities (a golf driving range), which was located on the ground of the 2,298 square meters (hereinafter “instant land”) of the building located on the land in Yeongdeungpo-gu Seoul Special Metropolitan City B warehouse site (hereinafter “instant land”). On July 27, 2012, the Defendant approved the change of the use of the instant building to Class II neighborhood living facilities (a golf driving range), and accordingly, on July 31, 2012, the land category of the instant land was changed from “ware site” to “site.”

C. On February 27, 2013, the Defendant calculated the development charges as listed in the following table after undergoing the examination before notice and the scheduled notice of imposition amount, and imposed the Plaintiff the development charges at KRW 123,981,070 (original saving unit).

(hereinafter referred to as the "disposition in this case"). Division. (1) Details of calculation (hereinafter referred to as "original disposition") ① 3,030,058,660 (2) 132,868,868,540 development costs as of the starting point of the amount of deduction 2,378,192,076 development costs 132,868,540; 03,000 contribution acceptance of development gains (=495,924,307) 123,981,070

D. On April 10, 2013, the Plaintiff filed an administrative appeal with the Central Land Expropriation Committee, but the said Committee dismissed the Plaintiff’s claim on July 18, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12, Eul evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. In order to impose development charges on the Plaintiff’s assertion 1, the development project is concerned.

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