교통유발부담금 부과처분 취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff, including the part resulting from participation in the lawsuit.
1. Details of the disposition;
A. The Plaintiff constructed D, on the land outside Seoul and 20 lots, up to 3 stories below ground, 18 stories above ground, 109,090.91 square meters below the total site area, and 9,236.57 square meters below the total building area, which is State property, with the portion of its service facilities donated to the State.
B. On October 14, 2008, the Plaintiff obtained permission from the president of the Korea Rail Network Authority to occupy and use 45,951.28 square meters of D site from September 3, 2008 to September 2, 2038, with respect to 69,05,059.70 square meters of D site, from September 3, 2008, the Plaintiff is gaining rent by attracting various sales facilities (hereinafter “the instant facilities”) such as a large-scale discount, multi-scalkle theater, specialized restaurant, and skin center in the remaining part except for the service facilities.
C. On October 1, 2017, the Defendant delegated the authority to impose and collect charges for causing traffic congestion (hereinafter “charges”) from a participating administrative agency pursuant to Article 29 of the Enforcement Decree of the Urban Traffic Improvement Promotion Act and Article 14 subparag. 1 of the Seoul Metropolitan Government Ordinance on the Reduction, etc. of Charges for Traffic Inducement (hereinafter “charges”) and imposed charges on the Plaintiff pursuant to Article 36(1) of the Urban Traffic Improvement Promotion Act (hereinafter “Urban Traffic Improvement Promotion Act”).
(hereinafter “instant disposition”). 【The ground for recognition” has no dispute, Gap’s Nos. 1, 3, and 4, and Eul’s No. 1, 3, and 8, and the purport of the entire pleadings.
2. The plaintiff's assertion
A. According to the Urban Traffic Improvement Act and subordinate statutes, “railroad facilities” are exempted from the imposition of charges. According to the definition of “railroad facilities” under the Railroad Service Act and the Framework Act on Railroad Industry Development, which are applicable mutatis mutandis under the Urban Traffic Improvement Act and subordinate statutes, sales facilities operated within a private company are included in “railroad facilities” to enhance the convenience of railroad users, regardless of the size or scale thereof.
In addition, according to the Urban Railroad Act and the Railroad Construction Act, it is apparent that sales facilities in the history are included in the "railroad facilities", considering the uniform interpretation of the relevant laws and regulations.