폐기물처리시설 설치부담금 부과 처분 취소
All appeals are dismissed.
The costs of appeal by the plaintiff are assessed against the plaintiff and the defendant.
The grounds of appeal are examined.
1. Plaintiff’s ground of appeal
A. The lower court determined that the base point for calculating the expected daily waste volume (ground of appeal No. 1) should be deemed the time when the housing site development business operator submitted the initial payment plan, not the time when the housing site development business operator submitted the initial payment plan, but the time when the final payment plan completed prior to the imposition of charges was submitted.
The judgment below
Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err by misapprehending the legal doctrine on the calculation of the expected volume of wastes per day.
B. The lower court determined that it is reasonable to include the number of tenants in the planning population, which serves as the basis for calculating the expected volume of wastes expected to accrue per day, in the number of population related to calculating the expected volume of wastes generated per day (ground of appeal No. 2).
The judgment below
Examining the reasoning in light of the relevant legal principles and the record, the lower court did not err by misapprehending the legal doctrine on the calculation of the expected volume of wastes per day.
C. The lower court determined that the Defendant’s application of the standard unit cost for installation of compost facilities was lawful when calculating the unit cost per ton of food waste disposal facilities.
The judgment below
Examining the reasoning in light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine regarding the calculation of the unit cost of food waste disposal facilities, or by failing to exhaust all necessary deliberations.
In calculating the cost of purchasing a site (ground of appeal No. 4), the lower court prescribed that the change coefficient of at least 1.3 shall apply to the calculation of the cost of purchasing a site for waste disposal facilities under the Ordinance on Promotion, etc. of Installation of Waste Disposal Facilities in Ulsan Metropolitan City (hereinafter referred to as the “Ordinance of this case”) to the maximum change coefficient of at least 1.3.