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(영문) 부산지방법원 2019.09.27 2018구합25432
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Details of the disposition

On August 1, 2016, the Plaintiff obtained permission for the implementation of the Class II neighborhood living facility creation project (hereinafter “instant development project”) on August 1, 2016, with respect to the 3,055 square meters in B, 488 square meters in Busan-gun, Busan-gun, C, and 343 square meters in Busan-gun, D, Busan-gun, and 343 square meters in lots (hereinafter “each of the instant land”). The Plaintiff completed the instant development project on September 25, 2017.

On November 23, 2017, the Defendant calculated development charges concerning the instant development project at KRW 97,210,640, as stated in attached Table 1 “The First Calculation Table of Development Charges” and notified the Plaintiff of the scheduled imposition of the development charges (hereinafter “the scheduled imposition notice”) and imposed the development charges at KRW 97,210,640 on December 29, 2017.

(hereinafter “Before the instant correction”). After that, the Plaintiff submitted a receipt of acquisition tax paid by the Plaintiff on the land category change of each of the instant land to the Defendant, reflecting this, the amount initially imposed on March 6, 2018 corrected that the amount to be reduced to KRW 94,71,490, as indicated in the “Before the Correction List” attached Form 2, as indicated in the “B after the Correction List.”

(2) The Plaintiff filed an administrative appeal on May 28, 2018 regarding the instant disposition to revoke the disposition, which was reduced on November 29, 2017 (hereinafter “instant disposition”). However, the Central Land Expropriation Committee dismissed the Plaintiff’s claim on November 22, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 3, Eul evidence 5 through Eul evidence 9, Eul evidence 3 through Eul evidence 6, Eul evidence 3 through Eul evidence 6 (including a serial number). The plaintiff's argument as to the purport of the whole argument as to the plaintiff's argument, the defendant's notice of the scheduled imposition of this case against the plaintiff, the disposition prior to the correction of this case, and the notice of reduction correction (hereinafter "the notice of correction of this case") were received by Eul, not the plaintiff, and Eul received it.

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