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(영문) 수원지방법원성남지원 2014.04.22 2013가합7093
오납부담금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be admitted, either in dispute between the parties, or in full view of the entries in Gap evidence 1 to 7, 11, and Eul evidence 1 to 4 (including additional numbers) and the whole purport of the pleadings:

The Plaintiff is a project executor who implements a housing site development project (hereinafter “instant project”) upon obtaining approval for a housing site development plan for a mining station area area (hereinafter “approval for a housing site development plan for a mining station area”) with respect to the area of 1,955,703 square meters of luminous-si, Mangyeong-si, Mangyeong-si, Mangyeong-si, Mangyeong-si, Mangyang-si, Mangyang-si, and Mangyang-si, Annyang-si, Mangsan-si, Mangdong,

B. The Defendant is a local government, and according to the relevant provisions of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Disposal Promotion Act”) and the Enforcement Decree of the same Act, the Ordinance on Installation of Waste Disposal Facilities in Ansan-si and Support, etc. for Adjacent-si (hereinafter “Yyang-si Ordinance”), the costs of installing waste disposal facilities to treat waste generated from the instant project district were calculated as KRW 452,713,00

Therefore, on October 11, 2012, the Defendant issued a disposition to impose the said installation charges on the Plaintiff, who is the project implementer, by November 30, 2012.

(hereinafter “instant Disposition 1”). However, as the Plaintiff did not pay the said installation charges within the given period, the Defendant issued a disposition imposing additional 13,581,390 won to the Plaintiff on December 5, 2012.

Nevertheless, the Plaintiff did not continue to pay the above installation charges and additional charges. On March 20, 2013, the Defendant issued another disposition imposing increased 16,297,650 won to the Plaintiff.

(hereinafter referred to as “instant Disposition 2,” including the imposition of additional charges and aggravated additional charges.

Around April 1, 2013, the Plaintiff: (a) KRW 453,713,00 for installation of waste disposal facilities according to the instant disposition Nos. 1 and 2 (the purchase price of the relevant building site is KRW 228,273,00); and (b) additional charges KRW 13,581,390 for the Defendant.

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