교통유발부담금 부과 처분 취소
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On May 24, 1993, the Plaintiff sold the Dongjak-gu Seoul Metropolitan Government No. 240 of the second floor No. 112 (hereinafter “instant commercial building”).
On April 22, 1996, the commercial building of this case and 18 housing associations (hereinafter “instant association, etc.”) have completed registration of initial ownership.
B. The Plaintiff filed a claim for the registration of ownership transfer of the instant commercial building against the instant partnership, etc., and was rendered a favorable judgment on June 13, 2003.
(Seoul District Court 2002Kadan378005 Registration of Ownership) The judgment became final and conclusive on August 20, 2003.
C. The Defendant imposed charges for causing traffic congestion on the instant cooperatives, etc. from around 2003 to 2007.
(hereinafter “instant disposition”). The Defendant attached the instant commercial building on October 28, 201, when the instant association, etc. did not pay charges for causing traffic congestion.
On December 12, 2016, the Plaintiff completed the registration of ownership transfer with respect to the instant commercial building.
E. On January 15, 2018, the Defendant issued to the instant cooperative, etc. a notice of default of KRW 234,680 (including additional dues), KRW 234,680 (including additional dues), KRW 234,680, KRW 2006 for causing traffic congestion (including additional dues) in 2006, KRW 74,330, and KRW 118,500 (including additional dues).
On January 17, 2018, the Plaintiff paid the amount of charges for causing traffic congestion notified to the Defendant in 2003, 2005, and 2007.
(F) On January 23, 2018, the Plaintiff filed a civil petition with the Defendant stating that “The instant commercial building has been occupied and managed by the Plaintiff until the date of approval for use, and that there was a decision to order the Plaintiff to register the transfer of ownership, so that the Plaintiff would terminate the seizure of the instant commercial building and refund KRW 587,860 paid by the Plaintiff.” (2) On February 9, 2018, the Defendant filed a civil petition with the Plaintiff on December 12, 2016.