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(영문) 대전지방법원 2018.12.13 2018구합101627
학교용지부담금 부과처분 취소 청구의 소
Text

1. The disposition imposing charges for school site charges imposed on the Plaintiff on January 10, 2018 shall be revoked.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

I. Summary of this case

1. Details of the disposition;

A. The Plaintiff is a project implementer for an urban development project in the Songjin-gu Seoul Special Metropolitan City (hereinafter “instant project”) implemented in 132-2 Won-ri, Songjin-gu, Songjin-gu.

B. From December 10, 2010 to December 31, 2016, the Plaintiff developed and created a detached house site of 9,918 square meters, multi-family housing site of 153,417 square meters, etc., and received a completion inspection certificate from the Defendant on April 14, 2017.

C. The number of existing households in the instant project area, the number of land for detached houses planned to be supplied as a result of the implementation of the instant project, and the number of households for multi-family housing are as listed below, and 768 households among multi-family housing to be supplied as a result of the implementation of the instant project are rental housing.

The number of households scheduled for the implementation of the project in this case by the number of existing households shall be 3,336 households in total of 40 households in total of 768 households in rental housing of 16 households A1 B/L 1,617 households in multi-family housing of 24 units in multi-family housing, 36 units in multi-family housing.

D. On November 14, 2016, the Plaintiff donated to the Defendant, among multi-family housing, the amount of charges for school site charges of KRW 1,652,323,200 equivalent to KRW 1,652,320, which shall be imposed on A2 B/L households among multi-family housing, by extending school facilities of the base elementary school located in the vicinity of the instant project area. On March 19, 2018, the Plaintiff donated the Defendant, among multi-family housing, the amount of charges for school site charges of KRW 3,164,80,800 equivalent to KRW 3,164,80,800, which shall be imposed on A17 households

E. On January 10, 2018, the Defendant issued a disposition to impose a charge of KRW 155,181,180 on the part of the creation and development of “the single house site” within the instant project area on the Plaintiff.

(hereinafter referred to as "the disposition of this case"). . [The grounds for recognition: Gap's evidence (including paper numbers; hereinafter the same shall apply) Nos. 2, 4, 5, 6, 7, 8, 9, 10

(2) Each entry and the purport of the whole pleading

2. Summary of the parties' arguments

A. The Plaintiff’s assertion summary ① The Act on Special Cases Concerning the Securing of School Sites (hereinafter “School Site Act”).

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