Text
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 is the owner of the building C located in Bupyeong-gu Incheon Metropolitan City (hereinafter “instant building”).
B. From 2013 to 2017 (from August 1, 2012 to July 31, 2017), the Defendant imposed the traffic-causing coefficient on sales facilities and the traffic-causing coefficient on ancillary facilities, applying 1.68 and 1.2 to the traffic-causing coefficient, respectively, on the Plaintiff, and paid the Plaintiff.
The detailed details of charges for causing traffic congestion paid by the Plaintiff are as follows:
C. As a result of the audit conducted on May 2018, the Board of Audit and Inspection requested the Defendant to collect charges for causing traffic congestion imposed on the Plaintiff on the ground that the Defendant imposed charges for causing traffic congestion on the instant building registered as a large store ( shopping center) and applied 6.52 of the traffic inducement coefficient to sales facilities and ancillary facilities. However, by applying the aforementioned error as above, the amount of charges for causing traffic congestion imposed on the Plaintiff was underpaid.
On December 31, 2018, the Defendant applied Article 40(3) and Article 41(1) of the Urban Traffic Improvement Promotion Act (hereinafter referred to as the “Urban Traffic Improvement Promotion Act”) to the Plaintiff, as stated in the “amount to be corrected and imposed” on sales facilities and ancillary facilities, and notified the Plaintiff of the total amount of KRW 158,189,340 from 2013 to 2017, by applying Article 6.52 of the traffic inducement coefficient.
(hereinafter “instant disposition”) e.
The Plaintiff filed an objection against the Defendant on January 14, 2019, but the said application was dismissed on January 25, 2019. Accordingly, on March 25, 2019, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Incheon Metropolitan City Administrative Appeals Commission, but the said claim was dismissed on April 29, 2019.
[Ground of recognition] A.