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(영문) 부산고등법원 2016.11.11 2015누23281

폐기물처리시설 설치부담금 정산 거부처분취소

Text

1. Revocation of a judgment of the first instance;

2. Ulsan U.S. Innovation City that the Defendant rendered to the Plaintiff on July 25, 2014.

Reasons

1. Details of the disposition;

A. Pursuant to Article 6(1) of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs Innovation City (hereinafter “instant project”), the Plaintiff paid waste disposal facility installation charges (hereinafter “charges”) in lieu of installation of waste disposal facilities within the instant project district pursuant to Article 6(1) of the Ulsan-gu Postal Zone Development Project (hereinafter “instant project district”).

B. On April 30, 2008, the Plaintiff calculated the instant charge as KRW 19,788,00,000 pursuant to Article 6 of the Waste Facilities Promotion Act, Article 4 of the Enforcement Decree of the same Act, and Article 4 of the Ordinance on the Promotion of Installation of Waste Disposal Facilities, Support for Adjacent Areas, etc. in Ulsan Metropolitan City (hereinafter “instant Ordinance”). The Plaintiff submitted the instant payment plan for the instant project charge to the Defendant (hereinafter “instant payment plan”).

The main contents of the above payment plan are as follows:

The name of the project: The name of the project for the project for the development of the Ulsan-si Innovation City (Housing Site) development project: the estimated amount of waste generated on September 36, 201 - the main proposal for the project for the development of the Ulsan-si Innovation City (501 pages) as of July 200 as of July 23, 200 (501 pages) for the project for the development of the Ulsan-si Innovation City (Housing Site) development project for the creation of the new environmental impact assessment. The payment date and method for the payment of the payment amount: the estimated amount: 19,788,000,000,000, the final amount to be paid at the time of the alteration of the contents of the environmental impact assessment, shall be calculated as the final amount to be paid at the time of the alteration of the contents of the environmental impact assessment, and the amount to be paid at the time of the construction of the innovation urban development project for the construction of the new urban city shall be calculated as the amount to be paid at the time of the subsequent alteration of the environmental impact assessment.