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1. The charges imposed on the Plaintiff for the installation of food waste disposal facilities on June 23, 2011 are KRW 8,602,641,00.
Reasons
1. Details of the disposition;
A. Under Article 6(1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs, the Plaintiff, who is a project implementer of a housing site development project, shall install dynamic, decomposition and convergence incineration facilities (hereinafter “instant incineration facilities”) to dispose of wastes generated from the scarcity zone pursuant to Article 4(2) of the Enforcement Decree of the same Act and Article 4(2) of the same Act, and obtained approval for installation of waste disposal facilities from the Defendant on April 17, 2007.
B.1) On November 17, 2008, the Defendant requested the Plaintiff to notify the payment plan for expenses incurred in installing food waste disposal facilities pursuant to Article 6(1) of the Waste Promotion Act and Article 4 of the Enforcement Decree of the same Act. 2) On March 18, 2009, the Defendant requested the Plaintiff to contribute to the Resident Support Fund as stipulated in Article 21 of the Waste Promotion Act on the ground that the sales area was included in the indirect impact area of the incineration facilities of this case as the Plaintiff sold 108 parcels of land (216 households) located within 300 meters from the boundary of the site of the incineration facilities of this case.
C. 1) On May 2, 2011, the Defendant: (a) pursuant to Article 6(1) of the Waste Promotion Act and Article 4 of the Enforcement Decree of the same Act, the food waste resources recycling facilities, which are food waste disposal facilities, are food waste disposal facilities (hereinafter “food waste resources recycling facilities”).
3) As to the Plaintiff, the Plaintiff: (a) KRW 8,602,641,400 of the installation charges plus KRW 4,022,452,452,489,30 of the site purchase charges and KRW 4,580 of the installation charges (i.e., KRW 4,52,452,452, 197, KRW 4,580,189,300; KRW 100 of the site purchase charges); and (b) Article 21 of the Waste Promotion Act; and the Ordinance on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “instant Ordinance”).
Pursuant to Article 4 subparagraph 3 of the Resident Support Fund, prior notice of imposition of KRW 3,08,80,000 shall be given to the Plaintiff on June 23, 201.