폐기물처리시설설치비용 부담금 부과처분 취소 청구
1. Expenses incurred in installing waste disposal facilities of the Gangwon-gu Innovation City Development Project for the Plaintiff on September 30, 2013.
1. Details of the disposition;
A. The Plaintiff is a project operator who is implementing the project for developing the Gangwon-do Innovation City (hereinafter “instant project”) from March 2007 to June 2014, from the period of project implementation of the project from the 3,428,347 square meters in the Seogdong-dong Seoul Special Metropolitan City.
The area of the instant project district is at least 300,000 square meters, and the Plaintiff is obligated to pay to the head of the local government an amount equivalent to the cost of installing waste disposal facilities or installing waste disposal facilities (hereinafter “waste disposal charges”) to treat wastes generated from the said project district pursuant to Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (Amended by Act No. 12077, Aug. 13, 2013; hereinafter “Act”).
B. The Plaintiff consulted with the Defendant, the head of the local government to which the instant project district belongs, but failed to reach an agreement. The Plaintiff submitted a plan to pay waste disposal facilities to the Defendant on August 2, 2013. On September 26, 2013, the Plaintiff submitted a plan to pay waste disposal facilities finally changed to the Defendant.
C. On September 30, 2013, the Defendant imposed a total of KRW 11,062,50,890 on the Plaintiff pursuant to the Act, the Enforcement Decree of the Act on Promotion of Installation of Waste Disposal Facilities, Assistance, etc. to their Environs (amended by Presidential Decree No. 25050, Dec. 30, 2013; hereinafter “Enforcement Decree”) and the former Ordinance on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Ordinance No. 1389, Apr. 10, 2015; hereinafter “instant Ordinance”) on the Plaintiff pursuant to the Act, the Enforcement Decree of the Act on Promotion of Installation of Waste Disposal Facilities, Assistance, etc. to their Environs, etc., and the basis for calculation is as follows.
Total amount: 11,062,508,890 incineration facilities (unit: hereinafter the same shall apply) food waste disposal facilities.