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(영문) 대구지방법원 2014.08.01 2013구합3476
하수도원인자부담금부과처분취소
Text

1. On May 6, 2013, the Defendant’s imposition of KRW 15,965,850 against the Plaintiff is revoked.

Reasons

1. Details of the disposition;

A. The Korea Water Resources Corporation is a project implementer of the Gu-U.S. Industrial Complex No. 4 (hereinafter “instant industrial complex”) development project (hereinafter “instant project”). The Plaintiff was sold from the Korea Water Resources Corporation the land of the instant industrial complex B large 1,191 square meters (hereinafter “instant land”) which is a supporting facility site for the instant industrial complex.

B. On December 20, 2012, the Plaintiff newly constructed a general steel structure and other roof, and obtained approval for use, on the instant land, 494.89 square meters (hereinafter “instant building”). On January 7, 2013, the Plaintiff completed registration for the preservation of ownership in its name, and on May 6, 2013, changed the use of 212.36 square meters of the instant building into a secondary neighborhood living facility (general restaurant).

The number of persons to be treated in calculating the number of persons to be treated as the number of persons to be treated by each floor, the number of persons to be treated as the number of persons to be treated as the number of persons to be treated as the number of persons to be treated, and the number of persons to be treated as the number of persons to be treated, shall be 14.87 (70x212.36) 37.87 (70x2.36)/100 100 1st office, 282.530 0.075x292.53, 292.194.24 (15x262.53)/100 100

C. Accordingly, on May 6, 2013, the Defendant imposed on the Plaintiff the amount of wastewater generated as a result of the change of the use of the instant building from the date of 7.42 cubic meters/day to 19.11 cubic meters/day as follows: (a) pursuant to Article 61 of the Sewerage Act; Article 35 of the Enforcement Decree of the same Act; and Articles 21 through 24 of the former Ordinance on the Use of the Sewerage (hereinafter “instant Ordinance”), KRW 15,956,850 (i.e., the amount of wastewater generated from 19.1 cubic meters/day x KRW 835,00 per cubic meter) (hereinafter “instant disposition”).

On September 30, 2013, the Plaintiff filed an administrative appeal, and the Gyeongbuk-do Administrative Appeals Commission dismissed the request.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 1 (including each number), the purport of the whole pleading

2. Whether the instant disposition is lawful

A. The plaintiff's assertion 1) Article 21 (2) of the Ordinance of this case is the cause.

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