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(영문) 서울고등법원 2016.10.11 2015누64031

하수도 원인자부담금 부과처분 취소청구의 소

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1. Upon a claim for a change in exchange at the trial, a sewerage system that the Defendant made against the Plaintiff on June 24, 2016.

Reasons

1. The following facts of the disposition may be acknowledged, either in dispute between the parties, or in full view of the purport of all pleadings as a result of the inquiry and reply to the Mayor of Incheon Metropolitan City at the court of first instance to the Mayor of Incheon Metropolitan City.

The Plaintiff (around 1972, the Plaintiff (around 1972, the Plaintiff was a general energy company, and later changed its trade name as at the present time through the Hanman Energy Co., Ltd., and Incheon oil Co., Ltd.) newly constructed a oil refining plant (hereinafter “existing facilities”) on a site of approximately 460,000 square meters in Seo-dong, Seo-gu, Incheon (hereinafter “total factory site”), approximately 125-1, 204-1, and about 1620,000 square meters of land (hereinafter “total factory site”), and thereby, installed a sewage pipe (hereinafter “instant sewage pipe”) which discharges existing facilities into the sea and thereby discharges sewage treated by using the Plaintiff’s own sewage treatment facilities.

B. From around 1989, the Plaintiff, while obtaining the approval for modification of the permission for the extension of a refinery, extended the refinery site, etc. to the site of 1,069,914 square meters adjacent to the existing facilities among the entire factory sites (hereinafter “the site extension site”) (hereinafter “the first extension site”), and around 2006, extended the factory production plant (PX) as part of the improvement project of the first extension of the entire site, as part of the first extension site.

C. On June 17, 2014, the Defendant notified the Plaintiff of the payment of KRW 7,318,440,480 for the amount borne by the burden of sewerage according to the use of public sewerage on the ground that the sewage of the existing facilities and the expanded facilities flows into the Incheon household sewage treatment plant.

(hereinafter “former Disposition”) D. D.