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(영문) 울산지방법원 2016.10.20 2016구합5611

폐기물처리시설설치부담금부과처분무효확인

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of the disposition;

A. On May 17, 2006, the Plaintiff obtained authorization from the Defendant for the establishment of an urban development project with respect to KRW 520-3,00,00 (area: 96,500 square meters; hereinafter “instant housing site”) under the Northern-gu, Ulsan-gu, Ulsan Metropolitan City, and was designated as the project implementer.

B. Since the area of the said housing site is not less than 30,00 square meters, the Plaintiff was obligated to pay to the Defendant an amount equivalent to the cost of installing waste disposal facilities or installing waste disposal facilities (hereinafter “charges”) for the disposal of wastes generated from the said project district under Article 6(1) of the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 8810, Dec. 27, 2007; hereinafter “former Waste Facilities Promotion Act”).

1) The terms “waste generation quantity” and “population” mean the statistics on the current status of the generation and disposal of nationwide wastes issued by the Plaintiff in 2005, all of which were applied at the time when the said payment plan was formulated. The quantity of wastes generated by the Plaintiff based on Ulsan Metropolitan City (ton/day) shall be 386.6,095, 050.0035 food wastes 0.000,0025.06.30,0025, 30,000,000,000,000,000,000,000,000, 12,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00.