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(영문) 울산지방법원 2017.09.14 2017구합5045
개발부담금부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Details of the disposition;

A. On February 18, 2010, Nonparty D obtained a building permit from the Defendant to build a golf range (hereinafter “instant project”) on a 1,814m2 in Ulsan-gun, Ulsan-gun, U.S. E forest, F forest, 17,394m2, and G road 1,344m2 in Ulsan-gun, Ulsan-gun, Ulsan-gu, Ulsan-do, and G road (hereinafter “each of the instant land”; when individually named the said land, Nonparty D obtained a building permit from the Defendant to build a golf range (hereinafter “instant project”).

G Of G land, 973 square meters is divided into I on March 16, 2010, and the land category was changed into forest on March 24, 2010, and D purchased I land from the Defendant on April 9, 2010 and completed the registration of transfer of ownership on April 20, 2010.

B. D commenced the instant project on May 28, 2010, but the construction was suspended, and submitted a report on the discontinuance of construction to the Defendant on May 31, 2011.

C. On July 9, 2012, a voluntary auction procedure for E land and F land was commenced upon the motion of creditors with respect to D.

In the auction procedure, the plaintiff A and B received the bid of each of the above lands and completed the registration of ownership transfer on May 7, 2013 with the content of sharing each of the above lands in shares of 7/10 and 3/10.

I Land was transferred to Nonparty J on December 30, 201, and Plaintiff C completed the registration of ownership transfer on September 1, 2015 due to sale on August 31, 2015.

E. Plaintiff A and B changed the owner of the instant project from D to the said Plaintiffs, and the Defendant accepted the said report on February 10, 2014, and the Plaintiffs again changed the owner of the instant project from Plaintiff A and B to the Plaintiffs, and the Defendant accepted the report on the change on construction participants on June 9, 2014.

F. The Plaintiffs completed the instant business, and obtained approval for use of a building on January 8, 2016, and changed the land category of each of the instant land into a sports site on January 20, 2016, and merged F land into E land on January 21, 2016.

Division (1) The place of land at the time of completion of the imposition shall be 4,907,644,00.

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