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(영문) 대전지방법원 2016.09.07 2015구합100197
하수처리원인자부담금 부과처분 무효확인
Text

1. It is confirmed that each disposition in the separate sheet of imposition No. 1 against the plaintiffs by the defendant is null and void.

2...

Reasons

1. Details of the disposition;

A. The Intervenor joining the Defendant (hereinafter “ Intervenor”) performed a land readjustment project of the area (hereinafter “instant project”) with respect to the land of 460,675.9 square meters of the Daejeon Seosung-gu Q Day, Daejeon, and completed the land readjustment project on May 25, 2002. On June 21, 2002, the Intervenor publicly announced the land substitution disposition as S in the Daejeon Metropolitan City’s announcement.

B. The remaining plaintiffs except the plaintiff E and the plaintiff Eul's spouse T built a building on each ground stated in the attached Form 1 of the Disposition No. 1 within the project district of this case and applied for approval for use to the defendant.

C. Prior to the approval for the use of each of the above new buildings, the Defendant issued a disposition imposing an amount borne by burden on the Plaintiffs pursuant to Article 61(1) of the Sewerage Act and Article 61(1) of the former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013) (hereinafter “instant disposition”), prior to the approval for the use of the attached Table 1 through 13.

Plaintiff

M and Plaintiff N newly constructed a building as shown in attached Form 13, and thereafter extended the 271.09 square meters and the 167.58 square meters of the second class neighborhood living facilities (offices) of the third class neighborhood living facilities of the third class and the second class neighborhood living facilities (offices) of the fourth class of the building, and obtained approval for use from the Defendant on September 5, 2014.

On September 5, 2014, the Defendant imposed 9,203,400 won on Plaintiff M and N, as shown in attached Table 14 Nos. 14.

E. Plaintiff O and Plaintiff P built a new building on the Daejeon Seo-gu Ukdong, the land within the instant project zone, and obtained approval for use on June 12, 2007.

After that, Plaintiff P and the second class neighborhood living facilities (general restaurant) of the building in question are divided into the second class neighborhood living facilities (other second class neighborhood living facilities), the second class neighborhood living facilities (the second class neighborhood living facilities), the second class neighborhood living facilities, and the first class neighborhood living facilities (the second class neighborhood living facilities): the second class neighborhood living facilities, the second class neighborhood living facilities, and the second class neighborhood living facilities, the second class neighborhood living facilities and the second class neighborhood living facilities.

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