기타부담금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of litigation are assessed against the Plaintiff.
1. Details of the disposition;
A. On December 31, 2008, the Plaintiff is a project implementer who has obtained authorization to implement a housing redevelopment project in Gyeyang-gu Seoul Metropolitan Area (hereinafter “instant project”) with approximately 78,000 square meters and approximately 78,00 square meters in Ansan-si, Annyang-si under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “instant project”). The instant project was completed on September 2, 2016 and the completion of the project was publicly notified on October 28, 2016.
B. In accordance with Article 61(2) of the Sewerage Act and Article 19 of the Ansan-si Sewerage Ordinance (hereinafter “Revised Sewerage Ordinance”), the Defendant notified the Plaintiff that the amount borne by the burden of borne by the sewerage of KRW 1,374,079,000 shall be imposed on the Plaintiff, and notified the payment thereof.
(hereinafter referred to as the "disposition of this case", and the amount borne by the person borne by the charge of this case" / [based on the recognition] The fact that there is no dispute, Gap evidence 1 through 3, Eul evidence 1 to 10-3, and the purport of the whole pleadings and arguments.
2. Whether the disposition is lawful;
A. The Plaintiff’s assertion 1) The former Ordinance on the Use of Sewerage in Ansan-si (amended by Ordinance No. 2080, Feb. 19, 2008; Ordinance No. 2541, Apr. 30, 2014; Ordinance on the Use of Sewerage in Ansan-si (amended by Ordinance No. 2080, Feb. 19, 2008; hereinafter “former Ordinance on the Use of Sewerage”).
) As such, when calculating the amount of sewage generated from all existing buildings in the project improvement zone in this case, the amount of sewage generated from the existing buildings in calculating the amount of public sewage treatment plant installation costs pursuant to Article 21(2)1(b) of the former Sewerage Ordinance should be excluded. Nevertheless, under the premise of the application of the amended Sewerage Ordinance which deleted the above provision, the disposition of this case which calculated the amount borne by the burden of sewage without excluding the amount of sewage generated from the existing buildings completed before 1996, is unlawful. 2) The amount borne by the burden of sewage.