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(영문) 서울고등법원 2014.01.17 2013누10542
사용료부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows 2. The part of the reasoning for the judgment of the court of first instance is modified as stated in the following 3. 3. 3. Inasmuch as the above reasons are the same as those stated in the above reasons 1 to 3. 3. 2. Thus, it is without merit in accordance with Article 8(2) of the Administrative Litigation Act and Article 420 of the Civil Procedure Act.

2. Parts to be corrected;

A. The part of the 6th 12th 12th e.g., the judgment of the first instance court is “exempt or at least it seems to collect a part of the site usage fee.”

B. On December 2005, the part of the first instance court 16-18, "the fact that it is difficult to see that the formation of the plaintiff's trust, such as the above, is justifiable, is not attributable to the formation of trust as alleged by the plaintiff," and the defendant, while holding consultations with the plaintiff to determine the types of operation and user fees of the instant riding club, proposed that the amount of one-year user fees of the instant riding club shall be KRW 110 million from 90,000,000 to 110,000,000,000,000,00 was merely a part of the defendant's agreement that was based on the premise that the plaintiff corrects the operation of the membership system. Thus, it is difficult to say that such proposal constitutes a public opinion of the defendant that only part of the user fees of the instant riding club should be collected, and it is difficult to see that the plaintiff committed any act corresponding thereto."

3. The addition;

A. Article 22 of the Public Property and Commodity Management Act (hereinafter “Public Property and Commodity Management Act”) of the Plaintiff’s assertion that the annual basis of calculation of user fees and calculation details were not presented at the time of the instant disposition provides that user fees shall be collected every year. The Defendant stated the basis of calculation of user fees and calculation details for each year when imposing user fees for five years retroactively by the instant disposition.

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