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(영문) 대전지방법원 2015.01.22 2014구합101667
상수도원인자부담금 부과처분무효청구의 소
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 199,439,00,000 against the Plaintiff on August 28, 2013.

Reasons

1. The following facts may be admitted if there is no dispute between the parties, or if the purport of the entire pleadings is visible on each entry in evidence A1 and 2:

The Plaintiff was granted a building permit from the Defendant to construct a building with the 1st floor, 3 floors above ground, 11,733.43 square meters below ground for sales facilities, business facilities, and cultural assembly facilities on the land in the 821-7 and 7 lots in Song-gu, Song-gu, Chungcheongnam-do (hereinafter “instant building”).

B. On August 26, 2013, the Plaintiff applied for water supply construction works for the above ground building to the Defendant.

C. On August 28, 2013, the Defendant imposed KRW 199,439,000 on the Plaintiff on the charge of water supply burden in accordance with the Ordinance and the Enforcement Rule of the Collection of Charges on the Charges on the Charges on the Charges on the Charges on the Charges on the Charges on the

(hereinafter “instant disposition”) D.

On September 4, 2013, the Plaintiff paid all of them.

2. The assertion and judgment

A. Article 8 of the Agricultural Cooperatives Act (hereinafter “Agricultural Cooperatives Act”) provides that the entity’s business and property shall be exempted from charges other than those of the State and local governments, but the Defendant imposed the burden on the burden of water supply contrary thereto.

Therefore, the disposition of this case is significant, so the plaintiff seeks nullification of the disposition of this case as its main claim. Even if it does not reach a serious degree of defect, the disposition of this case is unlawful as it goes against the laws and regulations. Thus, the plaintiff seeks revocation of the disposition of this case as a preliminary claim.

(b) The details of the relevant statutes are as shown in the attached statutes.

C. The decision of this Court (i) whether the order of priority in the application of the law under Article 8 of the Agricultural Cooperatives Act and Article 71 of the Water Supply and Waterworks Installation Act is contradictory to each other shall be determined reasonably by comprehensively examining the legislative purpose, provisions, scope of application, etc. of each Act.

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