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(영문) 수원지방법원 2015.05.12 2014구합4291
점용료부과처분취소
Text

1. The Defendant’s imposition of KRW 17,782,690 against the Plaintiffs on March 18, 2014 shall be revoked.

Reasons

1. Details of the disposition;

A. On September 21, 1998, the Plaintiffs (a person who obtained permission to occupy and use a road was originally A, D, E, and F, but later deemed to have been changed to the Plaintiffs) obtained permission to occupy and use five lots, other than Gwangju City, Ga, and five lots (the total area of 1,322 square meters), which are located in the third line of national highways, for the purpose of installing neighboring daily life and factory facilities, from the Defendant. On October 14, 2005, the Plaintiffs’ occupation and use permission was changed to 1,178 square meters from the access road to the church near the above land.

B. The Defendant calculated the road occupation and use fees of 1,836,10 won for the area of 1,322 square meters from January 1, 2005 to October 13, 2005 by the method of dividing the occupancy and use fees to be collected from the Plaintiffs in 2005 by the number of days before and after the reduction of the area of occupation and use, as seen above (i.e., annual occupation and use fees of 1,772.534 won per square meter (i.e., annual occupation and use fees of 1,772.5 square meters and 286,365,10 won, but less than 10 square meters; hereinafter the same shall apply) and the sum of the road occupation and use fees of 1,178 square meters from October 14, 2005 to December 31, 2005 to KRW 451,930 per 1,72.54,178/288).

C. However, Article 44 of the former Enforcement Decree of the Road Act (wholly amended by Presidential Decree No. 25456, Jul. 14, 2014; hereinafter the same) provides that “If a person continuously occupies and uses a road for at least two years and annual occupation and use fees calculated pursuant to Article 42 increase by at least 10 percent of annual occupation and use fees paid in the previous year, the occupation and use fees for the pertinent year shall be the amount calculated according to the increase rate, according to the adjustment formula of occupation and use fees in attached Table 3.”

The Defendant calculated the occupation and use fee for 1,178 square meters, which is the occupation and use area of the Plaintiffs, after 2006. As seen earlier, the Defendant added KRW 2,288,040, which is the amount paid by the road occupation and use fee for the year 2005, to the “annual occupation and use fee for the preceding year” as stipulated by Article 44 of the former Enforcement Decree of the Road Act, and charged the occupation and use fee for the year

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