1. On March 26, 2010, Suwon District Court Decision 1189, Suwon District Court Decision 201Da1189 decided March 26, 2010 between the Plaintiff and Defendant A.

1. Basic facts

A. The Plaintiff is an implementer who newly built and sold the NI apartment in Gwangju City (hereinafter “instant apartment”). The Defendants concluded a sales contract for the instant apartment between January 7, 2002 and January 9, 2002 with the Plaintiff, or purchased the sectional ownership of the instant apartment from the buyer.

B. In the sales advertisement of the apartment of this case, the Plaintiff advertised that the sales contract between January 7, 2002 and January 9, 2002, which is the date of the designated contract, should be paid as a substitute for the cost of securing school sites. Accordingly, on June 11, 2002, the Plaintiff paid the charges for school sites imposed on the buyers who concluded the sales contract with the Plaintiff during the designated contract date under the name of each purchaser.

C. According to Article 5(1) (amended by Act No. 735 of Jan. 14, 2005; hereinafter “former School Site Act”) of the Act on Special Cases concerning the Securing of School Sites, which was enforced by the Plaintiff at the time of the payment of the said charges, the relevant Mayor/Do Governor may impose and collect charges on the buyers of multi-family housing in the development project area. However, on March 31, 2005, the Constitutional Court made a decision of unconstitutionality as to the above provision on March 31, 2005 on the ground that it goes against the principle of free education and the principle of equality under the Constitution, the former School Site Act was amended to allow the buyers of multi-family housing in the development project area to impose and collect charges on the buyers of multi-family housing. A person who enacted the Special Act on the Refund of Charges for School Sites, etc. (hereinafter “Special Act”) and paid charges pursuant to the former School Site Act was entitled to apply for refund to the relevant Mayor/Do Governor.

Gwangju City shall make the payment of school site charges to the person who has paid the charges due to the sale of apartment in this case.