1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The court's explanation concerning this part of the grounds for appeal is the same as the corresponding part of the reasoning of the judgment of the first instance. Thus, this part of the grounds for appeal is cited by Article 8(2) of the Administrative Litigation Act and the main sentence of Article 420 of

2. Whether the lawsuit of this case is legitimate

A. As to the issue of disposition, if the Defendant’s additional charges on the Defendant’s assertion were to be paid by the due date, the additional charges are naturally arising under the provisions of the Act and the amount thereof is determined. Thus, if the Defendant received or held the infrastructure charges without any legal cause, it is not finalized to claim a refund only by the decision of refund whether they constitute unjust enrichment, and thus, the right to claim a refund is not determined. Thus, the Plaintiff’s lawsuit in this case is not a disposition that specifically and directly affects the existence or scope of the right to claim a refund or the right to claim a refund, and thus is not a disposition that is subject to appeal litigation, and thus, the Plaintiff’s refusal to claim a refund is not a disposition that has no direct effect on the existence or scope of the right to claim a refund. (ii) In a case where the administrative agency refused to perform an action following the Defendant’s active filing of the application, the refusal to claim is an exercise of public power or an administrative action corresponding thereto, which causes any change in the applicant’s legal relationship

(see, e.g., Supreme Court Decisions 96Nu14036, Jul. 10, 1998; 2007Du1316, Oct. 11, 2007). In full view of Articles 8(4)1 and 2, (5), and 17(1) of the former Infrastructure Charges Act; and Article 15(2)2 and 3 of the former Enforcement Decree of the Infrastructure Charges Act, a person liable to pay infrastructure charges shall pay the public facility charges under Article 138 of the Local Autonomy Act or other charges under other Acts.