상수도원인자부담금처분 취소
1. On June 1, 2017, the Defendant’s disposition imposing an amount borne by water supply burden of KRW 37,792,038,00 on the Plaintiff.
I. Summary of this case
1. Details of the disposition;
A. (1) The Plaintiff is a project implementer for the construction of a multifunctional administrative city in a planned area and its surrounding areas designated and publicly notified pursuant to Articles 11 and 12 of the Special Act on the Construction of a Multifunctional Administrative City in Yeongi-Gongju Area for Follow-up Measures for the New Administrative Capital (hereinafter “Dai-Gongju City Act”) in order to relocate central administrative agencies and their affiliated agencies, and to create a city district accordingly (hereinafter “prearranged area”) under the same Act.
(2) Under the Special Act on the Establishment, etc. of Sejong Special Self-Governing City, the Defendant is the head of a local government established on July 1, 2012, which is a waterworks business operator that runs waterworks business in Sejong Special Self-
B. On March 22, 2007, the Plaintiff, the Administrator of the Multifunctional Administrative City Construction Agency (hereinafter “Administrator”) and the Daejeon Metropolitan City Mayor entered into an agreement on the supply of tap water (hereinafter “the first phase agreement”) with respect to the construction of water supply facilities for the supply of tap water in a prearranged area (hereinafter “first phase project”) including the following matters:
Article 1(Purpose)The purpose of this Convention is to prescribe all the matters necessary for the implementation of the project, such as the Administrator of the Happiness City Construction Agency, Daejeon Metropolitan City Mayor, and the defendant, the scope of the project between the defendant, the method of implementation, the methods of calculating the supply prices of tap water, and cooperation among the agencies, in order to efficiently implement the project for supplying
Article 4 (Bearing of Project Costs and Installation of Facilities) (1) Water supply facilities installed from Daejeon Metropolitan City to the boundary of a prearranged area to supply tap water to an administrative city shall be installed by investing in project costs by Daejeon Metropolitan City Mayor, and water supply facilities inside a prearranged area shall be borne by the plaintiff.