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(영문) 의정부지방법원 2018.12.18 2017구합683
개발부담금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Details of the disposition

Plaintiff

A On April 17, 2013, on which April 17, 2013, the building report was made to construct the first floor on each ground and the first class neighborhood living facilities (retailing to each land in the separate sheet; hereinafter referred to as "each land in this case") owned by the Defendant, and completed development activities upon obtaining approval for use of the building on June 20, 2016.

The Defendant, on March 22, 2017, determined the reference land as E (hereinafter “the reference land of this case”) to calculate the land price at the point of termination of the F land as KRW 542,600/m2, and calculated the land price at the point of termination of the remaining land as KRW 184,800/m2, and issued a disposition imposing development charges of each of the instant land to the Plaintiffs on March 22, 2017 (hereinafter “instant disposition”).

[Grounds for recognition] The facts that there is no dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 through 12 (including each number), and the plaintiffs' assertion as to the legitimacy of the disposition of this case as to the overall purport of the pleadings are general residential areas where multi-household houses are located in the natural green area and quasi-preserved mountainous areas, and they cannot use public transportation because the land of this case is located far away from 700 to 800 meters from national highways, and the total distance to subway is approximately 1.65 km from national highways, and there is about 25 minutes from the Do newsletter, and living convenience facilities are located in the mountain mountain area where the accessibility to the use of living convenience facilities is very low due to gathering around the subway station. while the standard land of this case is located in the mountain mountain mountain area where multi-household houses are located in the green-purpose area, such as each land of this case, in the shape of a slope slope of a bridge that is located in the natural green area, such as the land of this case.

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