폐기물처리시설설치비용 부담금 부과처분 취소
The judgment below
The part against the Defendant is reversed, and that part of the case is remanded to the Seoul High Court.
The plaintiff.
The grounds of appeal are examined.
1. As to the Plaintiff’s ground of appeal
A. Ground of appeal No. 1) Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Facilities Promotion Act”).
According to Articles 6(1), 6(2), and 7, a person who intends to develop a multi-family housing complex or housing site (hereinafter “project implementer”).
A collective housing complex or housing site subject to development (hereinafter referred to as “relevant project district”).
The waste disposal facilities generated from the project district are not required to be installed within the project district and are installed outside of the project district. However, since the waste disposal facilities under the Waste Facility Promotion Act are intended to meet the demand for waste disposal generated in addition to the development of a new apartment complex or housing site, barring special circumstances, such as where a plan to install a separate site outside the project district has been established and approved in the housing site development project plan, the project implementer must directly install the waste disposal facilities or pay an amount equivalent to the cost incurred in such installation on the premise that the facilities are installed in the project district (see, e.g., Supreme Court Decision 2013Du8745, Dec. 15, 2016). The lower court determined that the Plaintiff’s construction of a plan to dispose of wastes generated from the project district in the instant project district outside of the instant project district and the land outside the instant project district becomes final and conclusive as the site for waste disposal facilities, the Defendant’s calculation of the cost for installing the housing site per unit area of the instant project district is not unlawful.
The judgment below
Examining the reasoning in light of the aforementioned legal principles and records, the land outside the project district of this case shall be the site for waste disposal facilities located in the project district of this case.