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(영문) 인천지방법원 2017.07.13 2016구합54545
교통유발부담금부과처분취소 청구
Text

1. The part concerning the claim for revocation of the imposition of charges for causing traffic congestion, which was made on March 31, 2016, among the instant lawsuits, shall be dismissed.

Reasons

1. Details of the disposition;

A. The Plaintiff is a company operating a golf course with the name “international golf course” from August 6, 1970 to 177-1, Seo-gu, Incheon, Seo-gu.

From 2011 to 2014, the Defendant imposed traffic inducement charges by applying the traffic inducement coefficient (a warehouse facility: 0.61, general business facility, and other facility: 1.2; 2.56) prescribed in attached Table 2 of the Incheon Metropolitan City Ordinance on the Reduction, etc. of Traffic inducement Charges (hereinafter referred to as the “instant Ordinance”) according to the respective purposes with respect to facilities (hereinafter referred to as “facilities in this case”) such as a club, a golf course management Dong, a resting room, etc. in the said golf course (hereinafter referred to as “instant facilities”), respectively.

B. On February 24, 2016, the Defendant notified the Plaintiff that the traffic inducing coefficient applied to the instant facilities was erroneous in the consulting audit conducted by the Inspector Office of Incheon Metropolitan City, and that the traffic inducing factor according to the legitimate traffic inducing coefficient will be imposed retroactively up to five years, on the ground that there was a error in the traffic inducing coefficient applied to the instant facilities.

C. On March 31, 2016, the Defendant calculated charges for causing traffic congestion, which falls under “a golf driving range which is a neighboring living facility,” and imposed charges for causing traffic congestion, which has not been imposed, on the instant facility, KRW 11,016,670 for causing traffic congestion for the year 201, KRW 13,028,990 for causing traffic congestion for the year 2012, KRW 12,91,780 for causing traffic congestion for the year 2013, and KRW 12,91,91,780 for causing traffic congestion for the year 2014 (hereinafter “instant first disposition”).

On April 29, 2016, the Plaintiff filed an objection with the Defendant, but the Defendant respondeded to the purport that the said objection is groundless on August 31, 2016.

On the other hand, on October 10, 2016, the Defendant imposed KRW 14,33,950 on the Plaintiff, which was calculated by applying the traffic inducement coefficient of 5.0 to the Plaintiff, as in the instant disposition No. 1, 2016.

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