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(영문) 수원지방법원 2018.10.16 2018구합51
하수도원인자부담금부과처분취소
Text

1. The Defendant’s imposition of KRW 1,047,497,00 against the Plaintiff on October 13, 2017, of KRW 801,262.

Reasons

1. Details of the disposition;

A. B Co., Ltd and C obtained approval for a housing construction project plan with the content that, on September 21, 2007, the number of households was 699 households on the ground of 33,472m2 and 176m2 in Suwon-gu, Suwon-si, Suwon-si, and the date of commencement, the scheduled date of commencement, and the scheduled date of usage inspection as of June 6, 2010.

(hereinafter “instant project”). (b)

On December 30, 2014, the Plaintiff obtained a modified approval for the housing construction project plan that changes the project owner of the instant case from December 2, 2014 to October 2017 (the scheduled date of use inspection: March 30, 2017) as the Plaintiff and the period from December 30, 2014.

C. Around May 2017, the Plaintiff requested the Defendant to issue a notice for the payment of charges borne by borne persons, and submitted a preliminary review of environmental feasibility (Evidence A 3; hereinafter “the preliminary review of environmental feasibility”) for calculating the charges of the instant project. On July 4, 2017, the Defendant imposed a sewerage charge of KRW 1,047,497,00,00, calculated by multiplying the daily maximum volume of 787 cubic meters per day/day/day per 1,331,000 tons by the unit price per 787 cubic meters/day.

On September 13, 2017, the Plaintiff requested again to calculate the charges. However, on October 13, 2017, the Defendant imposed the amount borne by the burden of sewerage of KRW 1,047,497,00, calculated in the same manner as the previous ones.

(hereinafter “Disposition in this case”). / [Grounds for recognition] The entry in Gap’s Evidence Nos. 1, 2, 3, 4, and 6 (including paper numbers), and the purport of the whole pleadings.

2. Whether the disposition is lawful;

A. The preliminary review of the Plaintiff’s assertion does not fall under “the basic or working design report for the pertinent project,” which serves as the basis for calculating the charge under Article 23(2)1(a) of the Ordinance on the Use of Sewerage at Suwon Time (hereinafter “instant Ordinance”). The calculation of the charge is KRW 801,262,00 when based on 2,027 of the approved project population.

Therefore, the part of the instant disposition exceeding the above KRW 801,262,00 is unlawful.

(b) Attached Form 1 of the relevant statutes;

C. Determination A, No. 1.

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