1. The Defendant imposed KRW 82,221,350 on the Plaintiff on December 29, 2015 for the occupation and use of urban parks and green areas in 2016.

1. The Plaintiff has occupied and used an urban park and a greenbelt by obtaining permission from the Defendant to occupy and use the relevant urban park and a greenbelt in order to build power supply facilities, such as electric power equipment, such as the detailed statement of the permission to occupy and use the relevant urban park and greenbelt, in attached Form 2-1, Yeonsu-gu, Incheon Metropolitan City.

On November 28, 2015, the Plaintiff filed an application with the Defendant for the extension of the above occupancy permit period from January 1, 2016 to December 31, 2016. The Defendant extended the Plaintiff’s above occupancy permit period from January 1, 2016 to December 31, 2016. Meanwhile, on December 29, 2015, the Plaintiff calculated by applying 10% of the occupancy rate to the Plaintiff pursuant to Article 14(1) [Attachment Table 1] of the Incheon Metropolitan City Ordinance on Urban Parks and Greenbelts (hereinafter “instant Ordinance”). (hereinafter “instant disposition”).

[Grounds for recognition] The entry of Gap evidence No. 2 and the purport of the whole argument

2. Whether the disposition is valid;

A. The Plaintiff’s assertion is similar to gas pipes, utility tunnels, etc., to the extent that the use and functions of urban parks, etc. are obstructed, among the facilities indicated in the attached table on the details of permission for occupation and use of urban parks and green areas, which are installed by the Plaintiff with permission for occupation and use of urban parks and green areas (hereinafter “instant facilities”). As such, the usage and use rate of the instant facilities falls under “water pipes, sewerage pipes, gas pipes, air pressure facilities, and utility tunnels (including management offices)” as stipulated in the instant ordinance provisions and shall be applied.

However, by erroneously interpreting the meaning of the instant ordinances provisions, the Defendant deemed that the instant facilities constituted “electric poles, electric wires, substations, underground transformers, earth pressureers, opening and closing machines, telecommunications equipment and facilities similar thereto” as stipulated in the instant ordinances provisions, and thus applied 10% of the occupancy fees rate to the instant disposition.

Therefore, among the instant dispositions, the instant facilities are located.