1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

1. The reasoning of the judgment of the court of first instance is the same as that of the relevant part of the reasoning of the judgment of the court of first instance. Thus, the reasoning of the disposition, the Plaintiff’s assertion, and this part of the relevant law are cited as it is in accordance with Article 8(2) of the Administrative Litigation Act

2. Determination

A. The infrastructure charges system is to have the causing agent bear the cost of installation, maintenance, or improvement of infrastructure, such as roads, parks, green areas, water supply, sewerage, schools, waste disposal facilities, etc. which are caused by the construction of a building.

This was introduced and enforced by the Act on Infrastructure Charges in July 2006, but it was replaced by the imposition system for the installation cost of infrastructure newly established by the National Land Planning and Utilization Act in March 28, 2008.

However, the repealed Act stipulated that the infrastructure charges to be imposed or refunded under the previous Act before the abolition shall be governed by the previous Act.

[Attachment to Article 2 of the Addenda of the Act on the Abolition of Infrastructure Charges (Act No. 9051 of March 28, 2008), Article 2 of the Addenda of the Act on the Abolition of Infrastructure Charges (Act No. 9051 of March 28, 2008) and the Enforcement Decree thereof (amended by Presidential Decree No. 21038 of September 25, 2008) shall be "the Act" or "Enforcement Decree"). The late additional dues under Article 16 (2) of the Act shall have the nature of compensation for delay which a payment obligor bears when he/she delays the performance of the obligation

(2) In a case where a person liable for payment of infrastructure charges is liable to pay the charges on the part of an administrative agency, and a person liable for payment of the charges on the part of the administrative agency is liable to pay the charges on the part of the party liable for payment of the charges on the part of the party liable for payment of the charges on the part of the party liable for payment of the charges on the part of the party liable for the charges on the part of the party liable for payment.

Supreme Court Decision 99 delivered on September 9, 1986