도로점용료부과처분등취소
1. The Defendant revokes the disposition imposing charges for the use of state property of KRW 226,758,290, as it stands against the Plaintiff on February 29, 2016.
2...
1. Details of the disposition;
A. The Plaintiff is a housing redevelopment and rearrangement project association established for the purpose of implementing a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter “Urban Improvement Act”) by using the area of project (hereinafter “instant project area”) of KRW 39,466,00,000, Busan Northern-dong, Busan-dong as a project district (hereinafter “instant project district”).
B. After obtaining authorization for the establishment of a project on March 8, 2008, the Plaintiff applied for authorization for the implementation of the project on March 25, 2009. The Defendant issued an authorization for the implementation of the project on September 30, 2009 (hereinafter “instant authorization for the implementation of the project”), and announced it on October 7, 2009. Since then, the project implementation plan was approved on October 29, 2010 and announced on the same day, and was re-approved and announced on June 24, 2013.
C. The written authorization for project implementation and the written authorization for project alteration of the instant rearrangement project are indicated as “infrastructure for improving use” with the size of 1,658 square meters for ditches located within the instant project zone.
On February 29, 2016, the Defendant: (a) deemed that the Plaintiff occupied and used the land for a rearrangement project, the Plaintiff: (b) Busan Northern-dong 2157 and 2157-20 (hereinafter “the instant ditch”; (c) during the period of the rearrangement project; and (d) imposed a disposition imposing a royalty of 41,343,300 won for the year of 2013, which falls under the usage fee from June 25, 2013 to October 29, 2015, which is the date of completion pursuant to Article 30 of the State Property Act; and (d) imposed a royalty of 41,343,300 won for the year of 2014, which is the usage fee of 92,391,600 won for the year of 2015, 72,409,05 won for the year of 206,143,900 won for the total of value-added tax and 2014,390 won.
(hereinafter “Disposition in this case”). 【No dispute exists, Gap evidence Nos. 2 through 5, Eul evidence Nos. 1, 3 and 4, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s assertion 1 of this case is subject to a loan agreement, since the instant project implementation authorization for the Plaintiff was announced publicly.