비관리청 공사시행 허가수수료 부과처분취소
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the first instance except for the addition of the judgment of the first instance as follows. Thus, it shall be cited as it is in accordance with Article 8 (2) of the Administrative Litigation Act and the main sentence of Article 420 of the Civil Procedure Act.
2. In addition, the Plaintiff is a public corporation established pursuant to the Korea Land and Housing Corporation Act, and upon the request of the competent administrative agency and the Defendant to install soundproof walls in accordance with the existing agreement on soundproofing facilities and the result of the Ministry of Land, Infrastructure and Transport Policy Coordination Working-Level Meeting, the Plaintiff initially installed soundproof facilities, which are the appurtenances of the road to be installed by the Defendant under Article 2 subparagraph 2 (f) of the Road Act and Article 3 subparagraph 7 of the Enforcement Decree of the Road Act. Thus, the instant construction falls under “a non-profit business for public use or public interest,” which is subject to the exemption of fees under Article 103 subparag. 1 of the Road Act.
However, various circumstances that the first instance judgment properly states. ① The Plaintiff is a public corporation established pursuant to Article 5 of the Korea Land and Housing Corporation Act and Article 5 of the Act on the Management of Public Institutions, both of which are “public nature” and “profit-making business.” ② A public corporation is a corporation that conducts business with a certain profit-making or corporate nature among the non-authorized businesses directly or indirectly managed by the State or a local government for the public interest; ③ Accordingly, Article 64 of the Commercial Act applies to apartment sales contracts entered into with occupants when the Plaintiff sells public apartment units or sells public rental housing units in lots (see, e.g., Supreme Court Decision 2015Da210811, Sept. 15, 2015). ④ The instant public corporation mainly carries out profit-making business by the Plaintiff.