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(영문) 대구지방법원 2017.03.24 2016구합22034

사용료 부과처분 취소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company running a golf course in 67-2, Jinsan-si, Jin-si, Jinsan-si.

B. On September 10, 1981, the Plaintiff obtained permission for the use of river water from the head of the Nakdong River flood control office of Busan Metropolitan City, Seoyang-gu, Busan Metropolitan City, as a 1,300 square meters per day, and as an industrial water for the use of the water from the Geum River basin of 921-25, Seoyang-gu, Busan Metropolitan City. The permission period of November 9, 2012 was determined from November 12, 201 to August 31, 2017 and obtained permission for the use of river water for the same permitted volume, purpose of use.

C. On November 17, 2014, the Defendant confirmed the fact that the Plaintiff had not paid the usage fee of river water up to that time, and calculated the usage fee of river water based on the actual usage volume (attached Table 1), as indicated in the “standard usage fee” column, imposed KRW 6,362,790 on the aggregate of the usage fee of river water from 2009 to 2013, and imposed KRW 1,111,120 on November 13, 2015, and KRW 1,580,678 of the usage fee of river water from 2015, respectively, on February 17, 2016.

[Attachment 1] 209 33,000 1,659,90 2010 17,000 85,100 201 27,497 1,383,090 23,000 1,156,90 2013 26,00 26,307,800 22,090 22,090 1,111,1205,20153,4251,6789,054,58888

D. On May 1, 2016, the Defendant pointed out that the usage fee of river water should be calculated based on the permitted volume as a result of planning and inspection of the latitude and inspection. On June 1, 2016, the Defendant calculated the usage fee of river water based on the permitted volume, and calculated the usage fee of river water in [Attachment 2] from the year 2012 to the year 2015, and imposed KRW 89,18,340 on the aggregate of the difference between the existing usage fee of river water and the existing usage fee of river water.

(hereinafter “Disposition” . [Attachment 2] . [Attachment 2] . [Attachment 2] The difference in the usage fees first imposed on the unit price (land size / day) per the year of the Disposition Disposition (hereinafter “instant Disposition”) by 2012 47.931,300 22,742,780 1,156,90 21,585,880 21,580. < Amended by Presidential Decree No. 23880, Oct. 31, 2013>