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(영문) 수원지방법원 2018.01.10 2017구합67712

폐기물처리시설설치부담금 재산정 정산거부처분취소

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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a project implementer of a district housing site development project for a local area of a size of 1,698,677 square meters in the Republic of Korea-Eup in the Republic of Korea-si in the Republic of Korea-si, and a local area of a local area of a housing site development project for a local area of a size of 3,152,440 square meters in the Republic of Korea-Eup in the Republic of Korea-si in the Republic of Korea-si, and a project implementer of a district of a local area of a local area of a Donnam-do-Eup in the Republic of Korea-si (hereinafter “Gunnam-2 district development project”), which is a project implementer of a district of a local area of a residential site development project for a size of 3,152,440 square meters in the Republic of Korea-Eup

B. On February 2013, the Plaintiff and the Defendant concluded an agreement on the payment of waste disposal facilities installation charges (hereinafter “instant agreement”) on March 28, 2014, based on the criteria for calculation set out by the Defendant, the Plaintiff and the Defendant concluded an agreement on the payment of waste disposal facilities installation charges (hereinafter “instant agreement”) on March 28, 2014. Based on the criteria set out by the Defendant, the amount shall be calculated in accordance with the standard set by the Defendant, but the difference between the planning population (including full-time population) in the project district and the amount arising from the different criteria for calculation of site purchase charges is to be adjusted through administrative litigation

Article 4 (Scope and Method of Calculating Charges) (2) The total amount of charges to be paid by the plaintiff shall be calculated as shown in attached Tables 1 and 2.

However, the difference between the plaintiff and the defendant and the total amount of charges arising from different interpretation and application of the planning population (including a part-time population) among the components of attached Table 1 and attached Table 2 and the calculation criteria for land purchase costs shall be adjusted through future administrative litigation

Article 5 (Settlement of Charges) (1) In cases where a change in the planned population occurs due to a change in the development project plan, the plaintiff and the defendant shall adjust the charges in accordance with Article 4 (2).

(2) The plaintiff and the defendant shall proviso to Article 4 (2).