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(영문) 서울행정법원 2015.01.08 2013구합51572
폐기물처리시설설치비용부담금처분취소
Text

1. On December 27, 2012, the Defendant imposed a charge of waste disposal facilities amounting to KRW 10,663,408,490 on the Plaintiff on December 27, 2012.

Reasons

1. Details of the disposition;

A. The Plaintiff is a project implementer who is implementing the project for the construction of Bogeumjari Housing 2 in the Gangnam-gu Seoul Metropolitan Government, the Seo-dong, the Jidong-dong, and the Gidong-dong Seoul Metropolitan Government Seoul Metropolitan City in accordance with the Special Act on the Construction of Bogeumjari Housing (hereinafter “instant project”).

B. 1) The Plaintiff’s duty to pay waste disposal charges is at least 300,000 square meters in the instant project district, and the Act on Promotion of Installation of Waste Disposal Facilities and Support for Adjacent Areas, Etc. (hereinafter “Act”).

) An amount equivalent to the installation cost of waste disposal facilities or installation cost of waste disposal facilities to dispose of wastes generated in the project district under Article 6(1) (hereinafter “waste disposal facility charges”).

(2) On December 5, 2011, the Plaintiff submitted a plan for the payment of waste disposal charges to the Defendant on December 5, 201, with the payment of waste disposal charges without installing waste disposal facilities in the instant project district.

3) Meanwhile, on February 18, 2011, the Korea Land and Housing Corporation, which is a project implementer implementing a project for the construction of Bogeumjari Housing (hereinafter “related project district”) in the Gangnam-gu Seoul Metropolitan City, Sejongdong-dong, Seodong-dong, Seoul, submitted a plan for the payment of waste disposal facility charges on the relevant project district to the Defendant on February 18, 201. The Defendant, the person imposing the charges for waste disposal, who is the authority to impose the charges for waste disposal, divided the “total amount of waste generated per day in the Gangnam-gu, Gangnam-gu, by the total number of population in the Gangnam-gu and calculated the “amount of waste generated per day” and the “plan for the number of population in the relevant project district” by multiplying the “amount of waste generated per day in the relevant project district” and the “amount of waste generated per day in the relevant project district” on May 27, 2011.

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