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(영문) 대구지방법원 2014.09.19 2013구합11415

기타부담금부과처분취소

Text

1. On August 26, 2013, the Defendant’s disposition of imposition of KRW 11,456,200 against the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff, as a project implementer for the development of the fourth industrial complex (hereinafter “instant industrial complex”) in the former United States, received total of KRW 38,471,00,000 subsidies from the National Treasury under Article 28 of the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”) and Article 26 of the Enforcement Decree of the same Act, and completed a completion inspection on construction of the instant industrial complex at the maximum capacity of KRW 50,000 per day during the project period from 1998 to 207 (i.e., the number of daily sewage 15,000 cubic meters/ Japan 35,000 cubic meters/day factory wastewater 35,000 cubic meters/day) with the planned treatment population of KRW 34,653, employees, 44,620, planned treatment area of KRW 6,216,970, total project cost, 52,384 million (hereinafter “instant sewage treatment plant”).

B. On May 8, 2013, the Plaintiff filed a report on the installation and the commencement of use of the drainage system, the discharge quantity of which is 13.72 cubic meters in cubic meters and 13.72 cubic meters of the scheduled completion date, with the Defendant, to construct the apartment site (hereinafter “instant building”) on the premises of the Gumi-si, Si-si (hereinafter “instant land”) on April 30, 2013, in order to construct the apartment site construction site (hereinafter “instant building”).

C. Accordingly, the Defendant newly constructed the instant building on August 26, 2013, on the ground that the amount of wastewater generated has increased by 13.72 cubic meters/day as follows, the Defendant imposed an amount of KRW 11,456,200 on the Plaintiff under Article 61 of the Sewerage Act, Article 35 of the Enforcement Decree of the same Act, and Articles 21 through 24 of the former Ordinance on the Use of the Sewerage (hereinafter “instant Ordinance”) (i.e., the amount of wastewater generated 13.72 cubic meters/day x 835,000 cubic meters/day x 835,000 per cubic meter) on the Plaintiff (hereinafter “the instant Ordinance”) on the following grounds: (i) the volume of wastewater generated 13.72 cubic meters/day x 764.675x 764.67.67/107 107.101-637.75 106.7.75 7.710/67.7.7.714”).