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(영문) 대구지방법원 2018.07.11 2018구합20056
하수도원인자부담금부과처분무효확인
Text

1. The Defendant’s disposition imposing KRW 108,579,870 on the Plaintiff on May 20, 2009 is null and void.

Reasons

1. Details of the disposition;

A. The Plaintiff’s purchase of the Plaintiff’s building 1) In order to enhance the productivity of the livestock industry of its members, expand the market of livestock products produced by its members, and facilitate the distribution of livestock products, the Plaintiff’s association established pursuant to B (hereinafter “C”).

(2) On June 19, 2008, the Plaintiff purchased a building with three floors above ground (hereinafter “instant building”) located in D and one parcel at the time of resident in a real estate auction procedure.

B. The Defendant’s disposition imposing the Defendant’s sewerage burden on the 13th residential facilities of the 1,695 square meters of the 13th residential site of the 13th residential site of the 13th residential site of the 13th residential site of the 135.6th residential site of the 13th residential site of the 13th residential site of the 180 square meters of the 1,695th residential site of the 2nd residential living facilities (general restaurants, manufacturing facilities, offices) 1,576.01 square meters of the 1,576.01 square meters of the 12nd residential site of the 12nd residential site of the 12nd residential site of the 19.5th residential site of the 12nd residential site of the 13th residential site of the 195th residential area of the 209th residential site of the 13th residential site of the 200th residential site of the instant building.

However, the fact that the date of the instant disposition was May 20, 2009 is no dispute between the parties, thereby recognizing it as it is.

Pursuant to Article 61(1) and (3) of the former Sewerage Act (amended by Act No. 11084, Nov. 14, 2011; hereinafter the same shall apply), Article 35(1) of the Enforcement Decree thereof (amended by Presidential Decree No. 25478, Jul. 16, 2014; hereinafter the same shall apply) and Article 21(1) and (2) of the former Ordinance on the Use of Sewerage at the time of permanent stay (amended by Ordinance No. 732, Dec. 28, 2010; hereinafter the same shall apply), imposing KRW 107,579,870 on the Plaintiff.

(hereinafter “instant disposition”). Accordingly, on June 16, 2009, the Plaintiff paid KRW 107,579,870 to the Defendant for the amount borne by the sewerage charge. 【Ground for recognition】 The fact that there is no dispute, and evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply)

B. 1.2

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