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(영문) 수원지방법원 2016.11.29 2016구합63423
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 a corporation that has been engaged in the business of manufacturing lighting devices in Pyeongtaek-si B.

B. On November 12, 2009, the Plaintiff obtained approval for the extension of a factory (hereinafter “instant development project”) in accordance with Article 20(2) of the Industrial Cluster Development and Factory Establishment Act and Article 27 of the Enforcement Decree of the same Act with respect to the aggregate of 16,730 square meters (hereinafter “each of the instant lands and the said five parcels of land collectively referred to as “instant site”) of five parcels, including 3,831 square meters (hereinafter “C land”) of Pyeongtaek-si and C forest land located adjacent to the instant land, and 3,589 square meters of E forest land (hereinafter “E land”; hereinafter “E land”).

C. On December 28, 2009, the Plaintiff completed the registration of ownership transfer in the future of the Plaintiff on the grounds of sale as of December 1, 2009 with respect to each of the instant land on December 28, 2009.

The Plaintiff completed the construction of the factory building on the ground of the instant factory site around July 2015, and obtained approval for use on July 16, 2015.

(2) The calculation details (1) The land value as of July 16, 2015 (based on July 16, 2015) 517,532,851 development costs (based on November 12, 2009) 794,015,887,459 ③ Development gains (=1,065,530,709) 1,065,530,709 ④ Development charges (=326,382,6700) as of the starting point of the land value as of November 12, 2009.

E. On March 4, 2016, the Defendant calculated the land price as at the starting point of the instant project site based on the officially assessed individual land price in November 12, 2009, which falls under the starting point of the instant development project, to impose development charges of KRW 266,382,670 on the Plaintiff. The details of the calculation of development charges are as follows.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1-1 through 4, Gap evidence 6, 7, Eul evidence 1-1, 2, 3, Eul evidence 3-1, 2-2, and the purport of whole pleadings

2. Determination on the legitimacy of the instant disposition

A. The Plaintiff’s summary of the Plaintiff’s assertion is the Plaintiff.

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