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(영문) 의정부지방법원 2015.04.14 2014구합7553
원인자부담금부과처분무효확인 청구의 소
Text

1. Of the instant lawsuit, the Defendant’s charge of water supply burdening KRW 4,741,20,000 for the Plaintiff on November 26, 2008.

Reasons

1. Details of the disposition;

A. On December 3, 2004, the Minister of Construction and Transportation (the name was changed to "the Minister of Land, Infrastructure and Transport") designated the Plaintiff as the project implementer under Article 2004-365 of the Ministry of Construction and Transportation’s announcement on December 3, 2004, and designated the Plaintiff as the housing site development district under the Housing Site Development Promotion Act (hereinafter referred to as "An area within the Namyang-si"). On December 20, 2005, the Ministry of Land, Infrastructure and Transport approved the housing site development plan for the area within the Namyang-si as prescribed in Article 205-424 of the Ministry of Construction and Transportation’s announcement on December 7, 2006, approved the alteration of the housing site development plan and the implementation plan for the area within the Namyang-si, as the Ministry of Land, Infrastructure and Transport’s announcement on December 31, 2013.

B. On November 28, 2007, the Plaintiff entered into an agreement with the Defendant on November 28, 2007 with respect to the supply of waterworks in the Namyang-si District as follows:

(hereinafter referred to as the “instant agreement”). The amount to be paid at the time of payment (hereinafter referred to as the “amount”). The amount to be paid at the time of payment (hereinafter referred to as the “instant agreement”) at the second 4,742,20,000 on January 31, 208, the second 31 December 31, 2008, and the third 4,741,200,000 on December 31, 2010, the third 6,320,60,000

C. On January 7, 2008, the Defendant imposed on the Plaintiff KRW 4,742,200,000 on the charge of water supply burden (hereinafter “the first disposition of this case”) and imposed KRW 4,741,20,000 on November 26, 2008 on the charge of water supply burden of KRW 4,741,20,000.

(hereinafter “the second disposition”). The Plaintiff paid all of the charges borne by each of the waterworks charges on January 31, 2008 and December 29, 2008. D.

On the other hand, the Namyang-si District was supplied with the water through the water pipe at the Gangnam-si, Seoul Metropolitan City, and supplied the water through the water pipe and the water pipe. The plaintiff directly installed at his own expense the water pipe to the water pipe from the Hanyang-si, the water pipe from the Hanyang-si, and the water pipe from the Hanyang-si, the water pipe to the discharge pipe from the Hanyang-si, and the water pipe from the Hanyang-si.

[Ground of recognition] A.

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