수도가구분할신청거부처분취소
1. Of the instant lawsuit, the part concerning the confirmation of invalidity of the disposition rejecting the application for the division of water households as of September 1, 2017 and the claim for revocation thereof are all satisfied.
1. Details of the disposition, etc.;
A. As part of the government policy project, the Plaintiff purchased existing houses in the city from around 2014 to around 2016 in order to run a rental business to provide low-income classes with low-value housing.
B. On November 25, 2016, the Plaintiff filed an application for household division pursuant to Article 21(1)4 of the Ordinance on Water Supply of Tap-si Water (hereinafter “instant Ordinance”) and Article 15(2) of the Enforcement Rule of the same Ordinance (hereinafter “Enforcement Rule”) concerning part (22) of each house (22 houses) purchased from the Defendant for the said leasing business.
On November 30, 2016, the Defendant sent a reply to the effect that, pursuant to Article 15 of the instant Ordinance and Article 15(1) and (3) of the Enforcement Rule of the instant case, it is possible to divide a household if the Defendant additionally pays KRW 15,364,00 to the Plaintiff.
C. On August 3, 2017, the Plaintiff purchased an additional house, asserted that Article 15 of the instant Ordinance, the ground for imposing facility contributions claimed by the Defendant, cannot be applicable to this case, which did not perform water supply construction works, and again filed an application for household division with the Defendant for each house listed in the attached Table 1 (hereinafter “each of the instant houses”).
(hereinafter referred to as “the instant household division”). On September 1, 2017, the Defendant respondeded to the purport that it is possible to pay the facility contributions to the Plaintiff pursuant to Article 15(2) of the instant Ordinance and Article 15(3) of the Enforcement Rule of the instant case, and that the number of households in the building permit shall be the criteria for the application of the household division.
(hereinafter “instant reply.” On the other hand, the person who performed water supply construction on each of the instant houses has already paid the facility contributions related thereto to the Defendant from around 2005 to around 2015.
Meanwhile, the Defendant imposed KRW 37,510,000 on the Plaintiff based on Article 15(2) of the instant Ordinance on December 20, 2017 and Article 15 of the Enforcement Rule of the instant case, based on the instant Ordinance, and Article 15 of the Enforcement Rule, on the Plaintiff. The Plaintiff is both effective on December 27, 2017.