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(영문) 서울중앙지방법원 2015.02.05 2014가합41617
부당이득금반환
Text

1. The plaintiff's primary defendant and the conjunctive defendant are all dismissed.

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

Reasons

1. Under each of the following facts, facts may be acknowledged by integrating each of the statements in Gap evidence Nos. 1 to 8 as a whole.

The Plaintiff is the Housing Redevelopment Development and Improvement Project Association, which obtained authorization on May 15, 2004 from the preliminary Defendant as the business zone with the land size of 40,858 square meters located in Dongjak-gu Seoul Metropolitan Government 45-1, and obtained authorization on May 15, 2004; the authorization on the management and disposal plan on March 22, 2007; the authorization on the change of the management and disposal plan on June 18, 2009; and the authorization on September 1

(hereinafter the plaintiff's redevelopment improvement project is the project of this case).

The number of existing households located in the business area of this case was 700 households, and 655 households are newly constructed due to the implementation of the project of this case.

C. Preliminary Defendant on August 14, 2009 issued a disposition that imposed KRW 904,548,000 on the Plaintiff as a charge for school site, and the Plaintiff paid the said charge within the time limit.

The provisions of the relevant Acts and subordinate statutes are as follows:

[Special Cases Concerning the Securing, etc. of School Sites (hereinafter referred to as the "Special Cases Concerning the Securing, etc.")

[Attachment] Article 2 (Definitions)

3. The term "charges for school sites" means expenses collected from development projects by the Special Metropolitan City Mayor, Metropolitan City Mayors, Do Governors or the Governor of a Special Self-Governing Province in order to procure school sites or to extend existing schools in close proximity where procuring school sites is impossible.

Article 5 (Imposition and Collection of Charges) (1) A Mayor/Do Governor may develop land for constructing detached houses in the development project area and impose and collect charges on persons who sell the land in units or sell multi-family housing.

Provided, That the same shall not apply to any of the following development projects:

5. Where the existing residents and the owners of land and buildings in the rearrangement project area under subparagraph 2 (b) through (d) of Article 2 of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents are sold out.

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