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(영문) 서울고등법원 2012.05.11 2011누39365

폐기물처리시설설치부담금납부금액등통보취소

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Details of the disposition;

A. On December 11, 2006, the Plaintiff is a project implementer designated as a business entity for the development of housing sites in the Samyang-si district, the Dodong district, and the area of the said district pursuant to Article 2006-526 of the Public Notice of the Ministry of Construction and Transportation, etc., and the specific details of the said district are as follows. The details of the said district are as follows: The area of the said area is 1,178,000 square meters in the area of the Goyang Yangyang-dong, Yangyang-dong, Yangyang-dong, Yangyang-dong, Yangyang-dong, the area of which is 5,069,000 square meters in the area of 1,190,000 square meters in the area of 59,729 (22,126 households) 22,672 (8,524 households) and the Housing Site Development Promotion Act (Special Act

B. On October 8, 2010, the Defendant issued a notice of the charges for installing waste disposal facilities (hereinafter “instant disposition”) to the Plaintiff on the charges for installing waste disposal facilities, including the Plaintiff’s payment of the waste disposal facilities (e.g., incineration facilities and food waste disposal facilities) within the high-yang Czeyang District as the site for the 11,851 square meters (hereinafter “instant incineration facility site”) designated as the site for the incineration facilities, and the amount of 18,422 square meters (hereinafter “instant site for food waste disposal facilities”) designated as the site for the incineration facilities as the site for the food waste disposal facilities, in lieu of the expenses for the purchase of the site for the waste disposal facilities. In addition, the Defendant notified the Plaintiff of the charges for installing waste disposal facilities (hereinafter “instant disposition”).

On the other hand, the specific contents of the instant disposition are as follows.

A. The fact that there is no dispute over the provision of a site in lieu of the provision of a site in lieu of the provision of a site 3,076,758,758,00,00 in lieu of the provision of a site in lieu of the provision of a site 8,71,83,50 in lieu of the total cost for purchasing food waste disposal facilities in a project district, the cost for purchasing food waste disposal facilities in a project district, the cost for installing a site, the cost for purchasing facilities, the cost for installing facilities, the cost for purchasing facilities, the cost for installing facilities, the cost for purchasing facilities, and the cost for supplying a site to a third district, the cost for supplying a building site in a third district 8,711,83,500 in lieu of the provision of a site for a third district 3,076,758,000,358,350,093, 306,799,500 in lieu of the supply of a site