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(영문) 대구지방법원 2018.06.08 2018구합20339
비관리청 공사시행 허가수수료 부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

(b)be the person to be granted the relevant project costs; and the person to be granted the permit shall bear the relevant project costs;

11. The performance assessment report shall be conducted through an institution specialized in noise measurement to assess performance before and after the installation of soundproof facilities pursuant to the standards for performance and installation of soundproof facilities (Public Notice of the Ministry of Environment No. 2014-196) and shall be submitted before completion of construction;

In addition, all expenses for the evaluation of the performance of soundproof facilities shall be borne by the person who has obtained the permission when maintaining and managing the soundproof facilities for 30 years.

21. The soundproof facilities are installed as facilities for the development of housing zones as required (noise prevention and civil petition prevention). The settlement of noise complaints or disputes before and after the soundproof facilities are installed shall be made at the responsibility of the Plaintiff.

23. In accordance with Articles 36 and 103 of the Road Act, Article 34 of the Enforcement Decree thereof, and Article 49 of the Enforcement Rule thereof, a non-management authority shall pay a license fee for construction works into the designated account of our Corporation.

- Permission fee: Total construction cost x license fee rate (1/1,000) * Total construction cost is calculated based on a design budget at the time of application for permission for construction works by a non-management authority. Under Article 66 of the Road Act and Article 69 of its Enforcement Decree, fees for permission to occupy and use roads for a construction site and access roads for soundproof facilities during construction hours (see attached Table 3 of Article 69(1) of the Enforcement Decree of the Road Act) must be paid in the designated account

25. The maintenance and management costs under the Convention on the Agency for Maintenance and Management of Soundproof Facilities concluded on November 2013 must be paid to the designated account of our Corporation after the completion of the installation works for soundproof walls.

C. Conditions for imposing permission fees on the Defendant - (23) Conditions for imposing permission fees on the Defendant - (1/1,00) payment of permission fees for construction works on a designated account: Total construction expenses 】 calculation of permission fees for construction works on a non-management authority’s account (1/1,00) 】 (total construction expenses - value-added tax) 】 (16,368,100,000 - (29,600,000) 】 (1/1,000) 】 1/1,000 = 14,87,400, the Defendant amount of KRW 14,87,400 on November 20, 2017 Article 36 of the Road Act.

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