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(영문) 제주지방법원 2019.01.09 2016구합5680
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. The Plaintiff is the owner of B Daepo-si B, Seopo-si, B 2,667 square meters (hereinafter “instant land”).

B. The instant land was previously “2,456 square meters prior to Seopopopo City B” (hereinafter “B prior to annexation”). On July 1, 2015, its land category was changed from “B,” to “B,” and on October 29, 2015, the Plaintiff was merged into each of the instant land with D large 119 square meters and E large 92 square meters donated by C.

C. On April 2, 2015, the Plaintiff filed a construction report on the construction of Class II neighborhood living facilities (retail stores) on the ground, such as the land before annexation with the Seopopo City Mayor, and the said construction report was accepted on April 2, 2015, and the permission was deemed granted for development activities aimed at building the site pursuant to Articles 14(2) and 11(5)3 of the Building Act.

hereinafter referred to as "the development activities of this case"

D. The Plaintiff completed the second-class neighborhood living facilities on the ground of the land before the annexation, which was approved on June 26, 2015, and completed the registration of ownership preservation on the said building on December 2, 2015.

E. In relation to the instant development activities, the Defendant, on April 29, 2016, is called “the Restitution of Development Gains Act on April 29, 2016 (hereinafter referred to as “the Restitution of Development Gains Act”).

(2) The Plaintiff shall be deemed to be subject to the development project that is subject to the development charges prescribed in Article 5, and the Plaintiff shall have the total area of 2,575 square meters (2,456 square meters prior to the annexation and 119 square meters prior to the annexation) of the instant land.

A notice of the scheduled imposition of development charges of KRW 100,652,500 was given to B, and in this process, the reference land of this case is "the reference land of this case of 2,583 square meters or less" as a comparative standard for calculating the land price of this case.

Based on the reference land of this case, the development charges were calculated after evaluating the land price at the time of termination of the land of this case.

F. On June 2016, the Plaintiff asserted that development charges were excessively calculated, and development charges are imposed on the Defendant.

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