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(영문) 수원지방법원 2018.01.09 2017구합66252
교통유발부담금부과처분취소
Text

1. The Defendant imposed charges for causing traffic congestion on the Plaintiff on September 29, 2016, KRW 4,102,690 in the imposition of KRW 18,935,520.

Reasons

1. Details of the disposition;

A. The Plaintiff is a legal entity that operates a golf course in the name of “Yandong-gu, Gyeyang-gu, Ansan-si.”

B. The Defendant on September 29, 2016 as above.

The charges for causing traffic congestion (the imposition period: from August 1, 2015 to July 31, 2016) applying the traffic-causing coefficient (the standards for urban scale are the same in addition to the same in calculating the traffic-causing coefficient), which is determined based on the traffic-causing coefficient (based on not less than 500,000 to less than one million persons, which is the urban scale of Ansan-si) corresponding to the " golf driving range" among the facilities listed in attached Table 1 (hereinafter referred to as "facilities in this case"), which are the operating facilities in the golf course listed in the attached Table (hereinafter referred to as "facilities in this case"), was imposed on the Plaintiff.

(hereinafter referred to as “instant disposition”). C.

The Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Gyeonggi-do Administrative Appeals Commission, but the Gyeonggi-do Administrative Appeals Commission decided to dismiss the Plaintiff’s claim on April 3, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The Plaintiff’s assertion that the instant facilities constituted “a golf practice range” among neighboring living facilities. However, according to the relevant provisions, including the Building Act, the instant facilities are not 4.80 (the standards for driving practice range) but 1.04 (the standards for sports facilities) to be applied as facilities within a golf course, which is “sports facilities.”

Therefore, the charges for causing traffic congestion calculated by applying the legitimate traffic inducement coefficient (1.04) among the dispositions in this case shall be revoked illegally.

3. To make entries in the attached statutes concerned;

4. Determination of legality of a disposition

A. First, whether the same traffic-causing coefficient as the instant facilities can be applied to the instant facilities, and the instant facilities are convenient for the users to find the Plaintiff’s golf course.

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