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(영문) 대구지방법원 2018.04.25 2016구합23372
폐기물처리시설 설치비용 부담금 부과 처분 취소
Text

1. The Defendant imposed a charge of KRW 4,687,643,00 on the Plaintiff for the cost of installing waste disposal facilities on August 26, 2016.

Reasons

1. Details of the disposition;

A. The Plaintiff is a project implementer that performs a project to create a Daegu-gu public housing zone in the area of approximately 1,512,00 square meters of a Dong-dong, Daegu-gu, Daegu-gu, and approximately 1,512,00 square meters of a Dong-dong, Dong-dong, Dong-dong (hereinafter “instant project district”).

B. Pursuant to Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (hereinafter “Waste Facilities Promotion Act”) and Article 4 of the Enforcement Decree of the Waste Facilities Promotion Act (hereinafter “Enforcement Decree”), the Plaintiff determined to pay the charges for installing waste disposal facilities in lieu of installing waste disposal facilities in the instant project district

C. Accordingly, the Plaintiff submitted to the Defendant a payment plan (hereinafter “payment plan”) that calculated the charges for installing waste disposal facilities as shown in attached Form 1, based on the waste facility promotion Act and the Daegu Metropolitan City Ordinance on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “instant Ordinance”).

In addition, the plaintiff ordered the defendant to pay the above charges twice (20%) for the first (20%) (20%) for the second (20%) for the second (20%) for the second (20%) for the second (20%) for the second (16. 12. 4. 17. 4) for the fourth (20%) for the fourth (20%) for the fifth (20%) for the fifth (20%) for the fifth (17. 17. 12. 17. 4, 17. 4,687), 6437, 6437, 529, 937, 937, 529, 937, 529, 937, 529, 937, and 527.

Meanwhile, in the payment plan, the Plaintiff reserved an objection against each of the above expenses with the purport that ① management Dong and Dong facilities, ② revocation of the disposition of revocation can be filed against each site area of resident convenience facilities, and the costs of installation can be settled according to the outcome of the lawsuit.

On August 26, 2016, the Defendant notified the Plaintiff of the charge for the installation of waste disposal facilities (4,687,643,000 won) under the said payment plan by December 31, 2017 (six months prior to the completion of construction) on the ground that the Plaintiff’s payment plan is adequate.

(hereinafter “instant disposition”) e.

The defendant is in accordance with the disposition of this case on January 2016.

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