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(영문) 서울고등법원 2016.12.21 2015누72698

부담금부과처분취소 청구의 소

Text

1. Paragraph 1 of the judgment of the court of first instance, including the Plaintiff’s claim expanded at the trial room, is amended as follows.

Reasons

1. Details of the disposition;

A. On October 1, 2009, Plaintiff Korea National Housing Corporation and Korea Land Corporation were merged and established by the Plaintiff.

The plaintiff is not classified before and after the merger and is called the plaintiff. The two Koreas housing site development project was designated as the project implementer of the two Koreas housing site development project in the two Koreas-si, the two Koreas-U.S., the two Koreas-U.S., the two Koreas-U.S., the two Koreas-U.S., the two Koreas-U.S., the two Koreas-U.S., the two Koreas-U.,

The Plaintiff is obligated to directly install waste disposal facilities or pay expenses incurred in installing waste disposal facilities pursuant to Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (amended by Act No. 13170, Feb. 3, 2015; hereinafter “Waste Facilities Promotion Act”) and Article 4(1) of the Enforcement Decree of the Waste Facilities Promotion Act. On December 20, 2007, the Plaintiff agreed with the Defendant to pay expenses incurred in installing waste disposal facilities instead of directly installing waste disposal facilities.

B. The Defendant on January 13, 2012 and

3. 6. The Plaintiff demanded that the payment plan be submitted according to the above consultation. However, on March 28, 2012, the Plaintiff notified the Plaintiff that it would submit the payment plan if the starting date of development will be added up on the ground of business delay.

On March 8, 2013, the Defendant urged the Plaintiff to submit a payment plan, and presented a proposal for calculating installation charges, and the Plaintiff submitted a payment plan on April 25, 2013.

C. On November 17, 2014, when the difference between the opinion on the calculation of installation charges with the Plaintiff is narrow, the Defendant gave the Plaintiff notice of the scheduled imposition of the installation charges of KRW 22,689,00,000 (i.e., the cost of installing incineration facilities of KRW 16,841,60,000 for food waste disposal facilities of KRW 16,847,40,00 for the cost of installing incineration facilities).

(A) Evidence No. 2-1). The plaintiff waste disposal facilities to the defendant on November 25, 2014.