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(영문) 대전지방법원 2017.01.12 2016구합102527
학교용지부담금부과처분취소 청구의 소
Text

1. Of the instant lawsuits, the part of the claim for revocation of the disposition of imposition of KRW 63,740,80,000, which was rendered on January 18, 2016, shall be dismissed.

Reasons

1. Details of the disposition;

A. On June 17, 2010, the Plaintiff obtained approval from the Defendant for a housing construction project plan for urban-type residential housing (hereinafter “instant project”) on a total of 2,652 square meters above 45-3 and 148 square meters above the ground level of 1,652 square meters above the ground level and 9-2 square meters above the ground level. The Plaintiff obtained approval for a change on several occasions after obtaining approval for a change on May 4, 2015, the instant project plan was approved on a total of 45-3 and 1,834 square meters below the 45-3 and 132 square meters above the ground level of 9-2 and 132 square meters below the ground level.

B. On July 10, 2015, the Plaintiff completed the instant project, and on July 10, 2015, received a pre-use inspection from the Defendant, “Seocheon-si apartment complex” (hereinafter “instant apartment complex”).

C. On January 18, 2016, the Defendant notified the Plaintiff that a disposition imposing KRW 63,740,800 of the school site charges (hereinafter “instant first disposition”) should be imposed on the Plaintiff regarding the sale of the instant apartment units by 65 households among the instant apartment units 129 households. On May 25, 2016, the Defendant notified that the instant disposition imposing KRW 9,691,200 of the school site charges (hereinafter “instant second disposition”) should be imposed on the ten households among the instant apartment units 129 households (hereinafter “instant disposition”).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to Article 5(4) of the Act on Special Cases Concerning the Securing, etc. of the Plaintiff’s Claim for School Sites, “Where a development project is implemented in an area without demand for the establishment of a school due to the continuous decline of the school population for the last three years or more.” In light of the fact that the school population decrease in the area where the instant project was implemented for the last three years, each of the dispositions of this case is unlawful since it abused

3. Of the instant lawsuit, the instant case.

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