logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.10.07 2015구합51365
폐기물처리시설설치비용 부담금 부과처분 취소 청구의 소
Text

1. On January 28, 2015, the Defendant’s expenses for installing waste disposal facilities of the Park District and the Gao District for the Plaintiff on January 28, 2015.

Reasons

1. Details of the disposition;

A. The Plaintiff is the implementer of the project to create the national rental housing complex and the project to create the Bogeumjari Housing District in the Bupyeong-si Park District (hereinafter “the project of the Park District”) and the project to create the Housing District in the Housing District in the House District in the Bupyeong-si City. The Plaintiff is the implementer of the project in the aggregate.

Under Article 6 (1) of the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (amended by Act No. 12077, Aug. 13, 2013; hereinafter “former Waste Disposal Facilities Promotion Act”), the Plaintiff is obligated to pay to the head of a local government an amount equivalent to the cost for installation of waste disposal facilities (hereinafter “waste disposal facility charges”) to install waste disposal facilities or to treat wastes generated from the said project district under Article 6 (1) of the same Act.

B. On October 31, 2011, the Plaintiff completed the business of a gambling district. On January 18, 2012, the Defendant issued a disposition imposing a waste disposal charge of KRW 583,037,190 on the Plaintiff regarding the gambling district. Accordingly, the Plaintiff paid the total amount on January 31, 2012.

In addition, on December 3, 2009, the Plaintiff commenced a rooftop district project. On August 28, 2012, the Defendant imposed an imposition of waste disposal fee of KRW 2,199,058,560 on the Plaintiff regarding the rooftop district. The Plaintiff paid the total amount on September 28, 2012.

(hereinafter referred to as the “previous Disposition”).

C. On January 28, 2015, the Defendant imposed an additional imposition of KRW 6,163,906,970 ( KRW 1,356,782,500, KRW 4,807,124,470, which was the remainder after deducting the amount paid by the Plaintiff according to the previous disposition, on the ground that the Plaintiff undergoes an excessive calculation of land purchase costs and installation costs of facilities in the instant previous disposition.

(hereinafter referred to as “instant disposition”). [Ground of recognition] There is no dispute, and there are evidence Nos. 1 through 3.

arrow