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(영문) 서울행정법원 2016.07.14 2016구합54671
사용료부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff was a public institution affiliated with the Ministry of National Defense established under the War Commemorative Association Act, enacted on December 31, 1988, and was entrusted with the establishment and management of the War Memorial.

On March 15, 1990, the plaintiff applied for the deliberation of traffic impact assessment to the Seoul Special Metropolitan City for the new construction of the War Memorial. On March 15, 1990, the Seoul Special Metropolitan City responded to the results of the traffic impact assessment that moved outdoor parking lots to the plaintiff, securing 700 parking spaces, and restores the opening of the north side.

On August 3, 1990, the Seoul Special Metropolitan City attached the condition of permission to construct a war memorial hall to the Plaintiff, and attached the condition of permission that “the opening of a dog on the north of the complex shall implement the business burden” to the Plaintiff.

Accordingly, the plaintiff newly constructed the War Memorial Center in May 1992, and opened four lots of land (hereinafter "the site in this case") at his own expense, including 2-8, 6-2, 8-49, and 8-51 land in Yongsan-gu, Yongsan-gu, Seoul, where the opening of the North Korean territory is located, and opened the War Memorial Center on June 10, 1994.

On April 1, 1996, the Plaintiff reported to the Defendant on April 1, 1996 that the instant site was used as a parking lot in the War Memorial Hall to increase the number of parking lots, and the Defendant accepted it on April 8, 1996.

From that time, the Plaintiff used the instant site as a paid parking lot for the users who find the wedding hall operated by the Plaintiff within the War Memorial or War Memorial.

On December 1, 2015, the Defendant deemed that the permission for change of the above parking lot was deemed to have been deemed to have been deemed to have been granted by the Plaintiff upon acceptance of the said permission for change of the parking lot, and imposed on the Plaintiff KRW 50,351,770 in the year 2010, and KRW 50,351,770 in the year 201 and the year 2012, respectively, KRW 50,917,520 in the year 2013, and KRW 52,218,740 in the year 2014, and KRW 48,698,540 in the year 2015, respectively.

The imposition of these user fees (hereinafter referred to as "the instant disposition") is referred to as "the instant disposition."

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