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(영문) 서울행정법원 2018.02.02 2017구합57721
도로점용료부과처분 취소
Text

1. On October 19, 2016, the sum of road occupation and use fees on each road listed in the separate sheet No. 88,545, which the Defendant rendered to the Plaintiff on October 19, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is a local government-invested public corporation established pursuant to Article 49 of the Local Public Enterprises Act and the Seoul Special Metropolitan City Ordinance on the Establishment and Operation of the Seoul Housing City Corporation for the purpose of stabilizing the residential life and improving the welfare of citizens of Seoul Special Metropolitan City through the development and supply of housing sites

B. The name of the former Special Act on the Construction of Bogeumjari Housing, Etc. (amended by Act No. 11690, Mar. 23, 2013; hereinafter “former Special Act on the Construction of Bogeumjari Housing, Etc.”) was changed by Act No. 12251, Jan. 14, 2014; and the name of the Special Act on the Construction of Bogeumjari Housing, etc. was changed by Act No. 13498, Aug. 28, 2015.

Based on subparagraph 3 of Article 4, the Ministry of Land, Transport and Maritime Affairs announced on July 6, 2012, designated the Plaintiff as the implementer of the Bogeumjari Housing District Development Project (hereinafter “instant Bogeumjari Housing Project”) implemented in the 99-day, Songpa-gu, Songpa-gu, Seoul.

C. On December 21, 2012, the Minister of Land, Transport and Maritime Affairs publicly announced the designation and alteration of the Bogeumjari Housing District related to the Bogeumjari Housing Project and the approval of the Bogeumjari Housing District Plan (hereinafter “instant District Plan”) (hereinafter “instant public notification”) by the Ministry of Land, Transport and Maritime Affairs No. 2012-918.

Attached Form

The roads listed in paragraph (1) of the Schedule 1 are located in the Bogeumjari Housing District (hereinafter referred to as the "Housing District of this case") set out in the notice of this case, and each road listed in attached Tables 2 and 3 of the Schedule 1 is located outside the Bogeumjari Housing District of this case.

On October 14, 2016, the Plaintiff applied for permission to occupy and use each road listed in the attached Table 1 to the Defendant for road expansion installation works scheduled in the instant Bogeumjari Housing Project.

The defendant on October 19, 2016 each road listed in the separate sheet 1 from October 20, 2016 to January 23, 2017.

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