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(영문) 수원지방법원 2018.06.12 2017구합276
개발부담금부과처분취소
Text

1. The plaintiff's primary claim is dismissed in entirety.

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

Reasons

1. Details of the disposition;

A. On March 2, 2009, the Plaintiff, B, C, D, E, F, G, H, J, K, L, M, and N obtained permission from the Defendant for the purpose of conversion of a mountainous district for the purpose of conversion of land for Pyeongtaek-si, P, and Q (a total area of 11,382 square meters; hereinafter referred to as “total land”; hereinafter referred to as “Dong”). The said permission for development was attached to the condition that the said Plaintiff, etc. would contribute R land, etc. to Pyeongtaek-si after creating it as a road site.

B. On December 20, 201, the Plaintiff purchased shares of 453 square meters in Tland and 903 square meters in R forest and 395 square meters in U forest, and completed the registration of ownership transfer on December 27, 201 with respect to each of the above land and shares thereof.

C. Meanwhile, in the case of R land, the Plaintiff, V, and NW jointly purchased them from S on December 20, 201 and completed the registration of ownership transfer for each of 1/4 shares on December 27, 201. The said Plaintiff, etc. created a road site on May 25, 2012 and donated the said land to Pyeongtaek-si.

(hereinafter referred to as “land subject to donation”) D.

On August 21, 2013, the Plaintiff agreed to obtain a construction permit, development permit, etc. for T land from M (O) from M, and divided the land of X, X,Y, and Z (hereinafter “T, X, Y, and Z land”). On October 21, 2014, the Plaintiff changed the name of the building permit from M to the Plaintiff on October 21, 2014.

On July 28, 2015, the Plaintiff received approval for the pre-use inspection on each land building on Y and Z on 7 May 2015, 2015.

E. On December 7, 2015, the Defendant imposed development charges as described in attached Table 1 on the Plaintiff regarding each of the instant land. However, on March 9, 2016, the Plaintiff asserted that the value of the land donated was not deducted in calculating the development charges, and that the development charges were imposed as the Suwon District Court 2016Guhap545.

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