교통유발부담금부과처분 무효확인
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Details of the disposition;
A. The Plaintiffs are operating a golf course with the name “D consortium” on two parcels, including the wife C, at the time of tolerance-si, each of which is jointly owned by one-half shares.
B. As indicated in the separate sheet No. 1, the Defendant issued a disposition imposing charges for causing traffic congestion (hereinafter “each of the instant dispositions”) calculated by applying the traffic inducement coefficient (4.8) corresponding to the driving range among neighborhood living facilities to the facilities within the above golf course (hereinafter “facilities in this case”) (hereinafter “each of the instant dispositions”).
(However, with respect to the period from August 1, 2014 to July 31, 2015, the traffic inducing coefficient (1.04) applicable to sports facilities on October 7, 2015 and the traffic inducing coefficient (4.8) applicable to sports facilities on January 12, 2017 was imposed retroactively on the charges for causing traffic congestion by applying the traffic inducing coefficient (4.8) which falls under the driving range. The ground for recognition is without any dispute.
2. The assertion and judgment
A. The charges for causing traffic congestion to the facilities of this case claimed by the plaintiffs should be calculated by applying the traffic inducement coefficient (1.04) of sports facilities, not by the traffic inducement coefficient (4.8), which is a neighborhood living facility.
Since the above defects are significant and apparent, the part (the amount stated in the "request amount" corresponding to attached Table 1) which exceeds the traffic inducement coefficient (1.04) of the sports facilities of this case among each disposition of this case by the defendant is null and void.
(b) The details of the relevant statutes are as shown in Appendix 2.
C. According to the relevant statutes as to whether the traffic-causing coefficient on a golf practice range, which is a neighborhood living facility, can be applied to the judgment one golf course, it is a facility distinct from each other in terms of the purpose of use, legal character, and actual condition of use.