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(영문) 수원지방법원 2018.09.05 2018구합64697
교통유발부담금부과처분 취소
Text

1. As limited to September 27, 2017 by the Defendant:

A. The charges for causing traffic congestion to the Plaintiff Hung Tourism Development Co., Ltd. are 17,792.

Reasons

1. Details of the disposition;

A. The imposition of charges for causing traffic congestion on the Plaintiff Open Tourist Development Co., Ltd. (hereinafter “Plaintiff Open Tourist Development”) is the Plaintiff Open Tourist Development Co., Ltd. (hereinafter “Plaintiff Open Tourist Development”).

(2) On September 27, 2017, the Defendant applied Article 37(1) of the Urban Traffic Improvement Promotion Act and Article 3-3(1) [Attachment Table 4] of the Enforcement Rule of the same Act to the traffic-generating coefficient (4.8) corresponding to the “ golf driving range” among the “nive living facilities” as stipulated in attached Table 4 of the Urban Traffic Improvement Promotion Act, thereby imposing KRW 17,792,740,740 for traffic inducement charges from August 1, 2016 to July 31, 2017, by applying Article 37(1) of the Urban Traffic Improvement Promotion Act and Article 3-3(1) of the Enforcement Rule of the same Act.

B. The imposition of charges for causing traffic congestion against the Plaintiff Kusan Development Co., Ltd. (hereinafter “Plaintiff Kung Development”) is imposed.

(2) On September 27, 2017, the Defendant applied Article 37(1) of the Urban Traffic Improvement Promotion Act and Article 3-3(1) [Attachment Table 4] of the Enforcement Rule of the same Act to the traffic-related coefficient (4.8) equivalent to the “ golf practice range” among the “living facilities in neighborhood” as stipulated in Article 37(1) of the Urban Traffic Improvement Promotion Act and Article 3-3(1) [Attachment Table 4] of the Enforcement Rule of the same Act, thereby imposing KRW 11,368,460 for traffic inducement charges from August 1, 2016 to July 31, 2017.

C. The imposition of charges for causing traffic congestion on the Plaintiff Samung Interest Co., Ltd. (hereinafter “Plaintiff Sam Interest”) is imposed.

(2) Article 37(1) of the Urban Traffic Improvement Promotion Act and Article 3-3(1) [Attachment 4] of the Enforcement Rule of the same Act concerning the facilities of “water supply and demand club” (tax imposed area: 15,278.7mm2) on September 27, 2017.

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