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(영문) 광주지방법원 2019.01.24 2018구합432
교통유발부담금부과처분취소 및 징수금 반환
Text

1. Of the instant lawsuit, each traffic inducement charges against the Defendant’s designated parties B in 2016 and the designated parties C in 2017.

Reasons

1. Details of the disposition;

A. The Plaintiff (Appointed Party) and the designated parties (hereinafter collectively referred to as the “Plaintiff, etc.”) are the owners of each condominium building within the “F,” a used vehicle trading complex on the Seo-gu and the E ground (hereinafter referred to as the “instant building”).

B. In accordance with Article 36 of the Urban Traffic Improvement Promotion Act (hereinafter “Urban Traffic Improvement Act”) and Articles 16 and 16-2 of the Enforcement Decree of the same Act, the Defendant imposed charges for causing traffic congestion on the Plaintiff, etc. from 2014 to 2017, as shown in attached Form 1.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 3, 7 through 10, the purport of the whole pleadings

2. Attached Form 2 of the relevant Acts and subordinate statutes;

3. Determination on the defense prior to the merits

A. Under Article 20(1) of the Administrative Litigation Act, a revocation lawsuit filed by the defendant pursuant to the defendant's assertion is filed within 90 days from the date on which the defendant's notice of imposition is served or the plaintiff et al. knew that the charges for causing traffic congestion was imposed at the latest.

Plaintiff

In addition to the imposition of charges for causing traffic congestion in 2017 on the appointed party C, the notice of each charges for causing traffic congestion is served, or the lawsuit in this case is filed after 90 days from the date on which the charges for causing traffic congestion are paid, and it is unlawful

B. In full view of the purport of each statement in the evidence Nos. 7 through 12 of the judgment No. 1 B, the traffic inducement charge for the plaintiff et al. seeks to be cancelled is imposed on the selector B and G in 2016, and the traffic inducement charge for the designated person C and H in 2017 was imposed on October 31, 2017 at the latest except for the imposition of traffic inducement charge for the year 2017, and the notice of imposition of traffic inducement charge for the designated person G in 2016 is served on October 11, 2016, and the notice of imposition of traffic inducement charge for the designated person H in 2017 is served on October 12, 2017.

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