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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. B owned a 13,087 square meters of forest land E (F forest land 12,845 square meters on March 11, 2010), which is a planned control area, E, and filed a building report with the Defendant on November 12, 2009 for the purpose of constructing a Class 2,486 square meters of the above land (hereinafter “instant land before the instant subdivision”).
B. On March 9, 2010, the Plaintiff changed the owner of the building from “G” to “Plaintiff”, and the site area from “2,486 square meters” to “617 square meters,” among the above construction reports, and filed a report on the change of the construction report with the content that reduces the building area of the Class 1 neighborhood living facilities to be newly built.
C. After that, on March 22, 2010, the part of the said 617 square meters was divided into H forest 617 square meters (hereinafter “instant land”) from the land before the instant partition. The Plaintiff purchased the instant land from B around April 15, 2010, and completed the registration of ownership transfer on April 15, 2010 under the Plaintiff’s name.
On July 25, 2014, the Plaintiff changed the use of the building to be newly built on the instant land from Class I neighborhood living facilities (retail stores) to Class II neighborhood living facilities (offices), and completed the new construction of the building thereafter. On September 23, 2014, the Plaintiff obtained approval for the use of the building newly built from the Defendant.
E. On May 12, 2015, the Defendant imposed and collected development charges of KRW 33,180,130 in relation to the instant land development project on the Plaintiff (hereinafter “instant disposition”) with respect to the following content:
The starting point of imposition: On September 23, 2014, the point at which the imposition of a construction report is completed on November 12, 2009: The calculation details of the approval for use of a building (unit: unit) calculated on September 23, 2014; (i) the land price at the time of termination of non- high-rises (unit) 198,497, 877, 318,700 square meters; (ii) the land price at the starting point 22,266,837 normal increase in normal land prices of 7,107,403,00 for non-points of 36,403,00 development gains (=B) 132,720.