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(영문) 춘천지방법원 2016.06.24 2013구합2547
폐기물처리시설설치비용 부담금 부과처분 취소 청구의 소
Text

1. Expenses incurred in installing waste disposal facilities of the original district A, which the Defendant had against the Plaintiff on July 29, 2013.

Reasons

1. Details of the disposition;

A. The Plaintiff is a project operator who implements the housing site development project for the original district A (hereinafter “instant project”) from April 25, 2003 to February 29, 2012, with the project implementation period of KRW 815,901,000,000.

The area of the instant project district is at least 300,000 square meters, and the Plaintiff is obligated to pay to the head of the local government an amount equivalent to the cost of installing waste disposal facilities or installing waste disposal facilities (hereinafter “waste disposal charges”) to treat wastes generated from the said project district pursuant to Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (Amended by Act No. 12077, Aug. 13, 2013; hereinafter “Act”).

B. The Plaintiff consulted with the Defendant, the head of the local government to which the instant project district belongs, but failed to reach an agreement. On March 27, 2013, the Plaintiff submitted a plan for the payment of waste disposal facilities installation charges to the Defendant.

C. On July 29, 2013, the Defendant imposed a total of 5,582,704,820 won on the Plaintiff pursuant to the Act, the former Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Presidential Decree No. 25050, Dec. 30, 2013; hereinafter “Enforcement Decree”) and the former Ordinance on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Ordinance No. 1389, Apr. 10, 2015; hereinafter “instant Ordinance”) for waste disposal charges for disposing of wastes generated from the instant project district (hereinafter “instant disposal”), and the basis for calculation is as follows.

Total amount: 5,582,704,820 incineration facilities (units: hereinafter the same shall apply) total expenses for collecting sites for food waste disposal facilities, 1,565,473,540 2,341,86,00 won for installation of facilities.

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