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(영문) 수원지방법원 2019.04.25 2018구합68248
폐기물처리시설 설치비용 부담금 부과처분취소
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1. On May 28, 2018, the Defendant’s waste disposal facilities of KRW 6,903,336,000 against the Plaintiff are as follows.

Reasons

1. Details of the disposition;

A. The Plaintiff is a project implementer of the “Gangcheon-gu Public Housing District Development Project” which constructs and sells a single house and a multi-unit house under 4,374,00 square meters in the area of 542,849 square meters (hereinafter “instant land”).

B. On May 10, 2018, the Plaintiff submitted to the Defendant a payment plan for the installation of waste disposal facilities in the Jeju-do Public Housing Area to the Defendant, who is the market having jurisdiction over the instant land, the amount equivalent to the expenses for the installation of waste disposal facilities for disposing of wastes generated from the instant land (hereinafter “the amount to be paid in the instant case”).

C. On May 28, 2018, the Defendant: (a) paid the Plaintiff KRW 6,903,336,000 to the instant payment amount; (b) KRW 3,551,00,000 until June 28, 2018; and (c) “the first installment payment amount” to the Plaintiff.

(3) By November 30, 2020, the Plaintiff notified the Plaintiff that he would pay the amount of KRW 3,352,336,00 on two occasions, and notified the Plaintiff that he would pay the amount of the first installment once on the same day. The amount of KRW 6,903,336,00 is composed of the following table (the part at which the Plaintiff would be at issue is indicated as sound):

() The amount of generation of 1.29 square meters per 4.01 ton of calculated incineration facilities (day) x 1,758,786,000 won per 1.29 ton change coefficient x unit price x 40 square meters/metrics of 160.4 square meters per 160 ton x 330 square meters in the area of other facilities, such as the detailed dong, etc. with the area of waste disposal facilities of 330 square meters per 330 square meters in the area of other facilities 82.04 square meters in the area of other facilities, such as the area of the site for waste disposal facilities of 330 square meters in the area of the waste disposal facility x 82.04 square meters in the area of other facilities and convenience facilities x 902.4 square meters in the area of the site for resident convenience facilities x 2,50,000 won in the area of the site for convenience facilities x 2,301 ton of food waste disposal facilities x x 501.200

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