1. The plaintiff's claim is dismissed.

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

Details of the disposition

The plaintiff following the implementation of the plaintiff's housing redevelopment project is a housing redevelopment project partnership which has obtained approval for the establishment of the association from the defendant on April 7, 2008 pursuant to Article 16 (1) of the Act on the Maintenance and Improvement of

원고는 피고로부터 2012. 3. 5. 광주 서구 마륵동 156-3 일대 31,932㎡를 정비사업구역으로 하는 주택재개발사업(이하 ‘이 사건 사업’이라 한다)에 관하여 사업시행인가를 받고, 같은 해 12. 26. 공동주택 536세대(조합원 분양 108세대, 일반분양 376세대, 보류시설 5세대, 임대주택분 47세대)를 신축하여 분양하는 내용의 관리처분계획인가를 받았다.

The number of existing households residing in the business area of the instant project is 192 households in total, and the Plaintiff completed all the sale of the members and the general sale of the housing units newly constructed by the implementation of the instant project (=536 households in multi-family housing - 47 households in multi-family housing).

After January 28, 2016, the Plaintiff obtained authorization of the completion of the instant project from the Defendant.

The Defendant’s imposition of charges for the first school site and related litigation Defendant of the first school site charges, prior to the amendment by Act No. 13006, Jan. 20, 2015, to the Plaintiff on May 14, 2014.

c. The term “former School Site Act”

() As of the 376 households sold in general pursuant to Articles 5 and 5-2 of this Decree and Article 5-2 of the Enforcement Decree of the same Act, it is notified that it will impose KRW 845,453,738 by multiplying the selling price of each household of multi-family housing by 0.8%, and the charges for school site shall be imposed on the Plaintiff on the 30th of the same month, when issuing a notice for payment to the Plaintiff on the 30th of the same month.

B notified the payment by July 31, 2014.

On July 22, 2014, the Plaintiff filed a lawsuit against the Defendant against this Court seeking revocation of the imposition of charges for the first school site. This Court is now existing on October 30, 2014.