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(영문) 수원지방법원 2012.02.08 2011구합6401
통행료부과처분취소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. The Defendant, from the Minister of Land, Transport and Maritime Affairs (former Minister of Land, Transport and Maritime Affairs) who is a toll road management agency under the Toll Road Act, established the toll road management right (right to maintain and manage the toll road and to collect tolls and usage fees, etc. from the persons driving on or using the toll road) on all national motorways including the border road of this case, which is a national expressway. Meanwhile, upon the amendment of the Toll Road Act by Act No. 3254 on January 4, 1980, the so-called "integrated bond management system" was introduced, the Minister of Construction and Transportation approved to consolidate the collection of tolls on the national expressway which is closely related to traffic across the nation, including the Highway around May 9, 1980. Accordingly, the period of toll collection on the national expressway of this case was uniformly changed to the expiration date of the toll collection period of the national expressway of this case, and the public announcement was made in the Official Gazette from November 28, 2007 to 17. 107.

나. 원고들은 2011. 3.경부터 2011. 5.경 사이에 별지 통행료 납부내역표 차량번호란 기재 각 차량을 운행하여 경인고속도로 부평IC(Inter change)∽서운JCT(Junction) 구간을 통행하다가 인천요금소에 이르러 같은 표 이용일시란 기재 각 일자에 피고로부터 세부금액란(단위: 원) 기재 각 금원의 통행료 부과처분(이하 ‘이 사건 처분’이라 한다)을 받고 즉시 통행료를 납부하였다.

C. Since the opening of the border road on December 21, 1968, 30 years have already elapsed at the time of the instant disposition, and on December 31, 2010, the total amount of tolls revenue as of December 31, 2010 exceeded 207% of the construction maintenance cost.

[Ground of recognition] dispute.

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