하수도 원인자부담금 부과 통보 처분 취소
1. On December 7, 2016, the Defendant’s imposition disposition of KRW 3,695,365,380 imposed on the Plaintiff on the amount borne by the sewerage burden shall be revoked.
2...
1. Details of the disposition;
A. The Plaintiff, including the authorization of the instant project, is a project implementer of the project for the urban development project in the Seocho-gu Seoul Special Metropolitan City with a scale of 244,564m2,00,000,000 Won 150,000,000, and obtained the authorization of the instant project implementation plan from the Mayor/Do Governor on July 2, 2014.
B. 1) The Defendant, on February 24, 2006, publicly announced the unit cost per cubic meter of the sewage discharged quantity, which serves as the basis for calculating the amount borne by the sewage burden pursuant to Article 32 of the former Sewerage Act (amended by Act No. 8352 of Apr. 11, 2007) and Article 16(3) of the former Ordinance on the Use of the Sewerage of Taegu-gun (amended by Act No. 1890 of Jun. 3, 2008) (amended by Act No. 2006-127 of Jun. 2, 200), according to the imposition criteria table attached to the above public notice, the cost of installing the purification facility, which serves as the basis for calculating the amount borne by the sewage burden, is 80,873,359 won per 100 cubic meters in cases where the discharge capacity is 100 cubic meters or more, and the imposition criteria of the above urban development project table set a single unit standard without distinguishinging other acts.
On the other hand, the defendant did not newly set and publicly announce the unit price of charges until now after the above public announcement.
3) The former Ordinance on the Use of Sewerage in the Chang-gun was wholly amended by Ordinance No. 1890, Jun. 3, 2008; Article 20 of the said Ordinance regarding the burden borne by an individual building; Article 21 of the said Ordinance regarding other construction works other than public sewerage; and Article 22 regarding other construction works such as urban development projects; and Article 22 was divided into two separate provisions. 4) On March 12, 2015 during the project period of the instant case, the Defendant imposed on the Plaintiff the amount of wastewater generated at KRW 1,134 tons, the unit price per ton of wastewater generated at KRW 808,73 won (80,873,359 won/100 cubic meters) calculated by determining the unit price of sewage generated at KRW 917,103,220 won (=1,134 tons x 808,733 won).
(hereinafter “Initial Disposition”). 5 On September 11, 2015, the Plaintiff paid in full the Defendant the said KRW 917,103,220.