폐기물처리시설설치비용 부담금 부과처분 취소
1. The charges incurred by the Defendant in installing waste disposal facilities of KRW 9,017,120,000 against the Plaintiff on September 9, 2015.
(2) The lower court imposed charges for installing waste disposal facilities (hereinafter “instant disposition”) on KRW 9,017,120,00 in total based on the Enforcement Decree (amended by Presidential Decree No. 25165, Feb. 11, 2014; hereinafter the same), the Ordinance on the Promotion of Installation of Military Waste Disposal Facilities, and Assistance, etc. to their Environs (hereinafter “instant Ordinance”). (i) imposition of charges for installing waste disposal facilities of KRW 7,109,186,000 for the cost of purchasing waste disposal facilities of KRW 1,907,934,00 for installation of waste disposal facilities of waste disposal facilities (hereinafter “instant disposition”).
The defendant calculated KRW 7,109,186,00 as follows.
(1) The method of calculating the site area under the Ordinance of this case [12 metric tons x 40 square meters x 1,66 square meters] [2,16 square meters x 330 square meters] x 0.4 x 1.1 food waste disposal facilities 2,048 square meters x 330 square meters x 330 square meters] x 0.4 x 330 square meters] x 0.4 x 1.1 x 1.1 x 1.1.1 x for the convenience facilities of residents, (30 percent x 10% for the purpose of using the site of the project district of this case x 3687,000 square meters x 36,004,000 m20,07 x 406 m2,000 m2,07 x / 408 m206 m2,07 m206 x / 307
2. As to the Defendant’s assertion that the instant disposition was lawful on the grounds of the grounds of the disposition and the relevant statutes, the Plaintiff asserted that the instant disposition was unlawful on the part regarding the calculation of KRW 7,109,186,00 for the site purchase cost of waste disposal facilities as follows.
Of the instant disposition, the Plaintiff did not dispute the part concerning the calculation of the cost of installing waste disposal facilities of KRW 1,907,934,00. A.
1) The defendant shall claim that the area of the site is related to the area of the management unit, and other facilities (hereinafter referred to as "other facilities"), such as the area of the