하수처리원인자부담금부과처분무효확인청구의 소
Each disposition written by the defendant in the attached Form 1 written statement against the plaintiffs is invalid.
(b) Costs of lawsuit;
1. Details of the disposition;
A. On May 25, 2002, the Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) implemented the land division rearrangement project on the land of 460,675.9 square meters in the Daejeon Seo-dong, Seodong-gu, Daejeon (JJ) and completed the land division rearrangement project (hereinafter “instant project”). On June 21, 2002, the Intervenor publicly announced the disposition of replotting as L of the Daejeon Metropolitan City announcement on June 21, 2002.
B. The remaining plaintiffs except the plaintiff F and the plaintiff F's spouse M were newly built on each ground specified in the attached Table 1 attached hereto in the instant project district and applied for the approval of the use thereof to the defendant.
(c)
Before approving the use of each of the above new buildings, the Defendant issued a disposition imposing the charge on the Plaintiffs pursuant to Article 61(1) of the Sewerage Act and Article 61(1) of the former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013) (hereinafter “instant disposition”).
[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 14 (including each number), and the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. The gist of the defendant's defense has already paid the burden of causing person in accordance with the disposition of this case, and five years have passed since the payment date of the burden of causing person to each of the plaintiffs to the State and local governments under the State Finance Act and the Local Finance Act, and the period of prescription for the extinguishment of monetary claims against the State and local governments under the State Finance Act
As such, there is a legal interest to seek confirmation of validity, since the person who has already paid the charges cannot receive the refund.
shall not be deemed to exist.
B. In a case where there are direct and specific interests protected by a law based on the administrative disposition, “legal interests to seek confirmation of invalidation” as stipulated in Article 35 of the Administrative Litigation Act, and the supplement of a lawsuit seeking confirmation of invalidation is required separately.