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(영문) 부산고등법원 2019.12.27 2018누21484
폐기물처리시설 설치부담금 부과처분 취소 및 부당이득금 반환 청구
Text

1. Of the judgment of the first instance, the part against the head of Ulsan Metropolitan City mid-gu shall be modified as follows:

Defendant.

Reasons

1. Details of the disposition;

A. The Plaintiff’s expenses for installing waste disposal facilities are paid 1) The Plaintiff’s development project for the Ulsan-Masan Innovation City (Housing Site) implemented in the area of 2,984,276 square meters in Ulsan-gu Postal Dong, Ulsan-gu (hereinafter “instant project”).

(1) The former Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs (amended by Act No. 12077, Aug. 13, 2013; hereinafter “Waste Facilities Promotion Act”) as a project implementer.

) An amount equivalent to the installation cost of waste disposal facilities in lieu of installation of waste disposal facilities in the instant project district pursuant to Article 6(1) (hereinafter “Installation cost”).

(2) The Plaintiff paid the waste facility promotion Act, Article 6 of the Enforcement Decree of the same Act (amended by Presidential Decree No. 25165, Feb. 11, 2014; hereinafter “Enforcement Decree”), Article 4 of the same Act (amended by Presidential Decree No. 25165, Feb. 11, 2014; hereinafter “Enforcement Decree”), and Ordinance on Promotion of Installation of Waste Treatment Facilities in Ulsan Metropolitan City, Ulsan Metropolitan City, and Assistance to Adjacent Area, etc. (hereinafter “instant Ordinance”) was enacted on July 27, 2007, which was in force at the time of the preparation and submission of the payment plan, and the Ordinance on Promotion of Installation of Waste Treatment Facilities in Ulsan Metropolitan City and Assistance to Adjacent Area, etc. was amended several times thereafter. However, the provisions related to the instant case are equally maintained until now except that some expressions have been changed. Accordingly, the Plaintiff submitted the payment plan to the head of the Gu on Apr. 30, 2008 (hereinafter “instant Ordinance”).

The name of the project: The name of the project for the development project of the Ulsan-do Innovation City (Housing Site) shall be the 10.0.0 61.9 25.88 36, 25, 36, 300,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000

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