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(영문) 대전고등법원 2016.06.30 2015누13770

원인자부담금부과처분취소

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. The total cost of the lawsuit is resulting from the supplementary participation.

Reasons

1. Details of the disposition;

A. Under the Urban Development Act, the Plaintiff is a corporation that implemented an urban development project (hereinafter “instant project”) as follows at KRW 633, Sung-dong, Daejeon Seo-gu, Daejeon (hereinafter “Seongsung-dong”).

The name of the project: The location of the Daejeon Seo-gu District Urban Development Project: The method of implementing 231,794m2, 633m2: The method of land substitution: the method of implementing 231,794m2: October 22, 2010 of the public announcement of the authorization of the implementation plan on July 4, 2014; the public announcement of the authorization of the change of the implementation plan on July 28, 2014; the public announcement of the completion inspection on November 28, 2014; and the dissolution of the Plaintiff association on February 23, 2015.

B. On March 26, 2015, the Defendant imposed a disposition on the Plaintiff, imposing a sewerage charge of KRW 1,357,475,230 [the maximum amount of sewage generation per day under the framework plan for the sewerage management of the Daejeon Metropolitan City x KRW 1,768.49 cubic meters x unit of KRW 767,590 x unit of KRW 767,590 [the unit of KRW 1,768,590 per day] in accordance with Article 61 of the Sewerage Act and Article 20 of the Daejeon Metropolitan City Ordinance on Sewerage Use (hereinafter “the instant Ordinance”).

(hereinafter “Disposition of this case”). 【Disposition of this case’s Disposition of this case’s Nos. 1 to 3 of the Grounds for Recognition (including each number) and the purport of the entire pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) Article 20(1) of the instant Ordinance provides that the public sewerage management authority shall determine at its discretion whether to impose all or part of the amount borne by the public sewerage, and whether to have the public sewerage management authority perform construction work instead of paying the amount borne by the burden borne by the public sewerage. However, in a uniform manner, it is invalidated beyond the limit of the delegated legislation, and thus, the instant disposition is unlawful. Accordingly, Article 20(2) of the instant Ordinance provides that the amount borne by the public sewerage management authority shall be calculated in a way that the unit price is mechanically multiplied by the maximum amount of daily sewage generation under the framework plan for sewerage maintenance in the Daejeon Metropolitan City, Daejeon Metropolitan City. This is prescribed by the Presidential Decree.