1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. Seongdong-gu Seoul and 13 lots (hereinafter “instant lots”) are located within the jurisdiction of the Seoul Metropolitan Government Facilities B, where the Sewerage Act applies.

B. On February 5, 2008, the Plaintiff obtained the first permission to occupy and use the instant site from the Director of the Seoul Special Metropolitan City Facility B in order to lay a gas pipe for building a foundation for the stable supply of natural gas in the north-dong area of the Seoul Metropolitan Area.

The Plaintiff obtained a continuous permit to extend the occupancy and use period (area 614.9 square meters) for the maintenance of gas pipes laid underground on the instant site, and obtained a permit on December 14, 2016 again to extend the occupancy and use period (area 614.9 square meters) by December 31, 2019.

(A) The Plaintiff’s occupation and use of the instant site, regardless of the time of permission, is deemed to be “the occupation and use of the instant site.” Meanwhile, in addition to the instant site, the Plaintiff occupied three lots outside Seongdong-gu Seoul Metropolitan Government (hereinafter “other lots”), including Seongdong-gu, Seoul (hereinafter “the occupation and use area of 5.26 square meters), and the other site is a green area subject to the Act on Urban Parks, Greenbelts, Etc. (hereinafter “the Act”).

C. The Defendant: (a) deemed that the instant occupation and use falls under Article 28(1) and attached Table 4 of the Seoul Metropolitan Government Ordinance on Sewerage Use; (b) the criteria for calculating the occupancy and use fees for the installation of facilities for profit-making purposes under subparagraph 2 of the attached Table 4 (hereinafter referred to as the “instant Ordinance”; and (c) calculated occupancy charges for the occupation and use of the instant site, which is a site for public sewerage, by setting a rate of 10/100; and (d) calculated occupancy charges for the occupation and use of the other site, which is a green belt, by applying Article 17 and attached Table 3 of the Seoul Metropolitan Government Ordinance on Urban Park to the rate of 10/1,00 applied to the “gas pipes.”

On January 23, 2019, the Defendant applied the former method of calculating the occupation and use fees to the Plaintiff, and as follows, KRW 60,875,100 for the instant site, which is the site of public sewerage.