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(영문) 수원지방법원 2017.01.11 2016구합66736
개발부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. The Plaintiff is a corporation established on July 21, 1993 for the purpose of importing, manufacturing, wholesale, retail, etc. of freezing parts.

B. On May 18, 2012, pursuant to Article 13 of the former Industrial Cluster Development and Factory Establishment Act (amended by Act No. 11690, Mar. 23, 2013), the Plaintiff obtained approval to establish a factory with a size of 2,080 square meters on the aggregate of 13,834 square meters of land area of 13,834 square meters of land in Cheongsung City B forest and 9,350 square meters (hereinafter “instant one”) and C forest and 4,484 square meters (hereinafter “instant two land”) from the Defendant for the purpose of building a factory site on each of the instant land pursuant to Article 13-2 of the same Act. Accordingly, the Plaintiff is deemed to have obtained approval to establish a factory for the purpose of building a factory site on each of the instant land.

C. 1) The Plaintiff completed the registration of ownership transfer on the instant land on July 18, 2012 due to sale and purchase as of June 4, 2012. (2) The Plaintiff’s inside director D completed the registration of ownership transfer on the instant land on July 30, 2012 due to sale and purchase as of June 11, 2012.

On March 4, 2013, the instant land was subject to registration conversion into E forest land 4,491 square meters. On August 18, 2014, the Plaintiff was deemed to have obtained a modified approval to establish a factory that changed the factory site from the Defendant into “B, E,” the site area into 13,841 square meters, and the building area into 3,590 square meters. Accordingly, the instant land was deemed to have obtained a modified approval for development activities on each of the instant land.

E. On July 17, 2015, the Plaintiff obtained approval for the use of each of the instant land’s ground factory buildings from the Defendant.

(B) On May 24, 2016, the Defendant imposed development charges of KRW 288,274,110 calculated as follows on the Plaintiff with respect to the instant development project (hereinafter “instant disposition”). The land price as of the starting point of each of the instant land is the publicly announced individual land price of the year 2012, which is the starting point of the instant development project.

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