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(영문) 수원지방법원 2016.02.02 2015구합63693

항만시설사용료부과처분무효확인

Text

1. On May 2, 2013, the part requesting the confirmation of the invalidation of the disposition imposing user fees for harbor facilities of the instant lawsuit.

Reasons

1. Details of the disposition;

A. On May 29, 200, the Plaintiff, a company running the iron manufacturing business, obtained approval of an implementation plan for a project to create an industrial complex by reclaiming the entire sea area of a member of the Goak-si Goak-si, Chungcheongnam-do pursuant to the Industrial Sites and Development Act (hereinafter “Industrial Sites Act”) from the Chungcheongnam-do Governor on May 29, 200, in accordance with the Industrial Sites and Development Act.

Since then, the above implementation plan has been changed several times, and finally, on December 27, 2012, the Defendant changed the area of the instant project site to 413,645.6 square meters, and the project implementation period from 1996 to 2012, respectively.

B. On February 28, 2013, the Defendant imposed a fee for the use of harbor facilities (waters) on the part of the site behind the front front sea area (hereinafter “sea area”) from February 27, 2008 to February 26, 2009 under Article 30(3) of the former Harbor Act (amended by Act No. 11594, Dec. 18, 2012; hereinafter the same) and Article 8 of the Regulations on the Use of and Rent for the Use of Harbor Facilities under Trade Port (hereinafter “instant Notice”) on the Plaintiff on the ground that the project implementer (Plaintiff) should pay the fee for the use of harbor facilities (waters) from the approval date of the implementation plan until he/she acquires the ownership of reclaimed land. The Defendant imposed a fee for the use of harbor facilities (waters) on the Plaintiff from February 27, 2008 to February 26, 2009.

C. In addition, on May 2, 2013, the Defendant: (a) on the ground as above, 31,228,572 won for the use fee of harbor facilities from February 27, 2008 to March 31, 2008; (b) 54,48,117 won for the use fee of harbor facilities from February 27, 2008 to April 1, 2009 for the 110,039 square meters; (c) 554,48,117 won for the use fee of harbor facilities from February 27, 2008 to December 13, 2010 for the 15,594 square meters for the Plaintiff.