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(영문) 서울고등법원 2017.11.22 2017누50364
기타부담금부과처분취소
Text

1. Revocation of the first instance judgment.

2. On July 26, 2016, the Defendant’s charge on the amount borne by the sewerage borne by the Plaintiff on July 26, 2016.

Reasons

Details of the disposition

On December 31, 2008, pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is a project implementer who has obtained authorization to implement a housing redevelopment improvement project for Gyeyang-gu Seoul Metropolitan Area (hereinafter “instant project”). The instant project was completed on September 2, 2016 and the completion of the project was publicly notified on October 28, 2016.

In accordance with Article 61(2) of the Sewerage Act and Article 19 of the Ansan-si Sewerage Ordinance (hereinafter “Revised Sewerage Ordinance”), the Defendant notified the Plaintiff that the amount borne by the burden of borne by the sewerage of KRW 1,374,079,000 shall be imposed on the Plaintiff, and notified the payment thereof.

(hereinafter referred to as the “disposition of this case,” and the amount borne by the said person shall be borne by the burden borne by the burden of this case. The details of the calculation of the amount borne by the burden of this case are as follows.

Multi-family housing or shop of multi-family housing in the wastewater generation complex: 3,066.7 cubic meters/day commercial buildings: 5.98 cubic meters/date of the existing building (any building completed after 1996), the Defendant deducteds the error quantity of the building completed after 1996 on the ground that the Defendant imposed an amount borne by the sewerage on the building completed after 1996.

: 606.732 cubic meters of multi-family housing and the upper price in the complex are 2,518.948 (=3,066.75.98-606.732) The volume of sewage generated based on the calculation standards for the amount borne by the burden of sewage of the discharged volume of the non-exclusive living facilities in cubic meters is the basic unit of the area used for forecasting demand and determining the scale of the original unit of the quantity of sewage generated in accordance with the calculation standards for the amount borne by the charges

As the pollution load per unit of pollution in sewerage systems, the maximum amount of one-day pollution load per person per plan (l/day), pollution load per person (g/day), pollution load per day (g/day), factory distribution unit (m3/(day/day/day) and factory distribution unit (g/day/day).

The calculated volume: 1,135 cubic meters/day.

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