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(영문) 창원지방법원 2019.04.10 2017구합53840
상수도원인자부담금부과처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Details of disposition;

A. The Plaintiff is a company established with the purpose of investing and operating its assets through the acquisition, management, improvement and disposal of real estate, housing construction projects, real estate development projects, etc. in accordance with the Real Estate Investment Company Act, and distributing profits

B. On December 22, 2010, the Minister of Land, Infrastructure and Transport approved the project plan for the construction of the Bogeumjari Housing in the Dab block C development project zone B in Jinju, a project implementer (Notice E by the Ministry of Land, Transport and Maritime Affairs) and, upon the change of the project implementer into the Plaintiff from the Korea Land and Housing Corporation, on December 23, 2015, the Minister revoked the approval of the project plan for the construction of the Bogeumjari Housing in the Korea Land and Housing Corporation pursuant to Article 55 (1) 4 of the former Special Act on the Construction of Public Housing (amended by Act No. 13498, Aug. 28, 2015; hereinafter “former Public Housing Act”) and approved and publicly notified the public housing construction project plan that the Plaintiff was the project implementer pursuant to Article 35 of the former Public Housing Construction Act

(Public housing to be built in accordance with the Ministry of Land, Infrastructure and Transport public notice G and the above project plan shall be referred to as “instant public housing.”

On August 2017, the Korea Land and Housing Corporation filed an application with the Defendant for water supply construction works for the public housing of this case pursuant to Article 6 of the Ordinance on Water Supply in Jin-si and Article 2 of the Enforcement Rule of the same Ordinance.

On August 23, 2017, the Defendant approved the water supply construction work for the public housing of this case to the Korea Land and Housing Corporation, and imposed the following water supply construction cost including 52,755,000 won for the facility contributions calculated in accordance with Article 14 of the Ordinance on the Water Supply and Waterworks of Jin-si.

(hereinafter referred to as “instant disposition” in the water supply construction cost’s imposition of the facility contributions for the government-funded material unit construction cost’s charge for the total construction cost’s charge for the government-funded material unit’s construction cost’s non-contentious construction cost’s charge for the total construction cost’s 74,850,000,498,000 13,363,000 52,75,000 234,000 / [Grounds for recognition] without dispute, A, 2, 3, 1, 9 (including various numbers; hereinafter the same shall apply), and the entire pleadings.

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