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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. The Plaintiff is the executor of the re-transmission of Housing Redevelopment Project in the 1490-19 Won-dong, Busan Metropolitan Government (hereinafter “instant project”).
B. The Plaintiff filed an application with the Defendant for permission to construct the public sewerage for the installation of a substitute ditch (hereinafter “instant construction”). On November 20, 2015, the Defendant, pursuant to Article 17 of the Sewerage Act, deemed the permission to occupy and use the part of the instant road (hereinafter “instant road”) necessary for the instant construction (from November 25, 2015 to March 31, 2016; hereinafter “the instant permission to occupy and use”) (from November 25, 2015 to March 31, 2016; hereinafter “the instant permission to occupy and use”).
C. The main contents of the instant construction are as follows.
The actual contents of the construction: The type, name, and capacity of the facility that intends to install the actual contents of the construction project for the replacement ditch redevelopment of the area 2: The area excavated by L = 565m of actual cost: L = 2,238m of land (372m; hereinafter referred to as “the area occupied by the present case”).
D. When the Plaintiff was unable to complete the instant construction during the said period of occupation and use of roads (from November 25, 2016 to March 31, 2016), the Plaintiff filed an application for permission to extend the instant construction works and the permission to occupy and use roads four times, and the Defendant filed an application for permission to change accordingly. The imposition of road occupation and use fees (excluding value-added tax) upon the said four-time permission, local development bonds, etc. (hereinafter “road occupation and use fees, etc.”) are as follows.
The first and second third fourth occupancy periods of November 25, 15, from November 25 to November 25, 16, 15, to November 25, 16, to May 31, 16, 15, to November 25, 16, to October 15, 25, to April 15, 16, from April 25, 20 to June 17, 17, 117, 306, 306, 0015, 17, 308, 306, 15, 208, 306, 15, 208, 306, 513, 200, 200, 254, 208, 306, 207, 306, 208, 200, 25, 2015, 306, 208, 3616