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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff occupied and used the instant land at the time of installing and operating the “electric power facilities for the supply of electricity and facilities for their maintenance and management” (hereinafter “instant underground power zone”) with the Defendant’s permission from January 1, 2008 to December 31, 2012 at two places (hereinafter “instant land”).
B. In calculating the occupation and use fees of the instant land at the time of the above occupation and use permission, the Defendant deemed the instant underground power exit, etc. as “water pipes, sewage pipes, gas pipes, utility tunnels, and similar facilities” pursuant to Article 9(1)2 of the Ordinance on the occupation and use permission of Ansan-si Urban Park and Greenbelts (amended by Ordinance No. 1560, Sept. 27, 2010; hereinafter “Yan City Ordinance”), and imposed KRW 24,193,30 equivalent to 3/100 of the value of the occupied area, and imposed KRW 24,193,30 on January 25, 2012, the instant underground power exit should be deemed as “electric poles, electric cables, transformation stations, and other similar facilities” under Article 9(1)6 of the Ordinance on the occupation and use permission of the instant land, and imposed KRW 80,64,500, and imposed KRW 516,500,517,500.
(hereinafter "Disposition in this case"). . [Grounds for recognition] without dispute, Gap evidence 1-5, Eul evidence 1-1-3, Eul evidence 2-1-2, and the purport of the whole pleadings.
2. Whether the instant disposition is lawful
A. The Plaintiff’s calculation of the occupancy and use rate of the Plaintiff’s assertion is determined depending on what extent the installation of the facility restricts the use of the relevant land, and should be determined depending on whether the facility is a ground facility or a underground facility. The Plaintiff’s occupancy and use fee amounting to 3/100 of the value of the occupied and used area should be collected as a facility similar to the “ common ditch” under Article 9(1)2 of the Ordinance of Ansan-si of the instant
B. Relevant statutes.