판교음식물류폐기물설치부담금및주민지원기금출연금부과처분취소
1. Ordering the following cancellation among the disposition imposing charges for the installation of food waste disposal facilities on the judgment of the first instance.
1. Details of the disposition;
A. On November 17, 2008, the Defendant requested the Plaintiff, who is the implementer of a housing site development project, to notify the payment plan for expenses incurred in installing food waste disposal facilities for the housing site development zone pursuant to Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Promotion Act”) and Article 4 of the Enforcement Decree of the same Act.
On March 18, 2009, the Defendant again requested the Plaintiff to contribute the Resident Support Fund prescribed in Article 21 of the Waste Promotion Act on the ground that the sale area was included in the indirect impact of the incineration facility of this case under Article 17(3)2 of the Waste Promotion Act and Article 20 of the Enforcement Decree of the same Act as the sale area of 108 parcel of land (216 households) located within 300 meters from the boundary line of the site of the incineration facility installed by the Plaintiff within the said housing site development zone.
B. On May 2, 2011, pursuant to Article 6(1) of the Waste Promotion Act and Article 4 of the Enforcement Decree of the same Act, the Defendant notified the Plaintiff of imposition of KRW 3,088,80,80,00 (hereinafter “instant Ordinance”) of the Resident Support Fund’s contributions pursuant to Article 21 of the Waste Promotion Act and Article 4 subparag. 3 of the Ordinance on the Promotion of Installation of Waste Disposal Facilities and Assistance to Their Environs (hereinafter “instant Ordinance”), and notified the Plaintiff of imposition of KRW 8,60,602,60,641,00 (hereinafter “the imposition of KRW 100”) on June 23, 2011, including the installation charges of KRW 4,52,197 and the installation charges of facilities installation charges of KRW 4,580,189,30 (hereinafter “the imposition of KRW 108,00,000,000).
[Ground of recognition] Facts without dispute, entry of Gap 1, 9, 10, 12 and the purport of the whole pleadings
2. Whether each of the dispositions of this case is legitimate
A. The Plaintiff’s assertion (1) The first disposition related to the first disposition is unlawful for the following reasons.
㈎ 비록 제1처분의...