상수도요금부과처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On May 12, 2014, the Water Supply System was completed, and the automatic control installation work was completed on August 26, 2014, and the water supply system was supplied by Cheongju-si from around that time.
B. On April 12, 2016, the Defendant, a manager of the water supply facilities of the instant apartment, issued a disposition imposing water supply fees of KRW 54,175,970 and water use charges of KRW 19,278,050 (hereinafter “instant disposition”) on the Plaintiff, who is the manager of the water supply facilities of the instant apartment, for twenty months from August 1, 2014 to March 31, 2016, on the aggregate of KRW 73,454,050 (hereinafter “instant disposition”).
[Ground of recognition] Unsatisfy, entry of Gap evidence 2 to 5, purport of whole pleadings
2. Whether the instant disposition is lawful
A. The Defendant asserted that the Defendant violated Article 13 of the Ordinance on the Supply of Clean-si Water (hereinafter “Ordinance on the Supply of Clean-si Water”) by conducting a completion inspection without the Plaintiff’s witness, and issued the instant disposition imposing the water rate of KRW 20,000,000 unilaterally once on April 12, 2016 after the date of completion, when about 20 months have passed since the date of completion, despite the Plaintiff’s failure to receive the notification of completion. This is a reason why the Plaintiff cannot be responsible for the failure to perform his duties. The Defendant’s owner of water supply facilities of each apartment of this case frequently changed due to the transfer and transfer. Since Article 38(1) of the Water Supply and Waterworks Installation Act is a provision on the premise that only the person who receives the water supply of tap-si water is a person liable for the payment, the Plaintiff’s disposition is unlawful because it is in violation of the principle of proportionality, such as imposing the water rate not used by the current residents as management expenses, and thus it is impossible to collect the fees.