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(영문) 울산지방법원 2014.09.18 2013구합2253
하수도 원인자부담금 부과처분 취소청구 및 부당이득금반환청구의 소
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1. The sewerage as indicated in the attached Table, which was made by the head of Ulsan Metropolitan City and Ulsan on July 19, 2013 by Defendant Ulsan Metropolitan City to the Plaintiffs.

Reasons

1. Details of the disposition;

A. The Plaintiffs are companies running the business of manufacturing and selling compounds and chemical products, and have treated wastewater through their own wastewater discharge facilities within their business establishment in 195, and have been completed in 195, and finally discharged wastewater from their own wastewater treatment facilities through their own wastewater treatment facilities.

B. According to the Plaintiffs’ final discharge of wastewater under the Water Quality and Aquatic Ecosystem Conservation Act (hereinafter “Water Quality Conservation Act”) below the criteria for effluent water quality by using public sewage treatment plants, the head of Ulsan Metropolitan City, Ulsan Metropolitan City (hereinafter “the head of Nam-gu”) imposed the permissible discharge amount only if the wastewater discharge facility’s permissible discharge amount exceeds the amount of wastewater discharged from public sewage treatment plants that was reported prior to the time ( August 9, 199) applied the same as the criteria for effluent water quality (hereinafter “instant disposition”) or applied retroactively to the increase in the amount of wastewater discharged from public sewage treatment plants for the last five years in which a sewerage person may impose a sewerage charge according to the extinctive prescription period of local tax collection right under Article 39 of the Framework Act on Local Taxes. On July 19, 2013, the Plaintiffs notified the Plaintiffs of the imposition of a sewage burden (hereinafter “instant disposition”).

Accordingly, to Defendant Ulsan Metropolitan City, Plaintiff Songwon Industrial Co., Ltd. paid KRW 218,184,250 on August 18, 2013; Plaintiff Thai Industrial Co., Ltd. paid KRW 1,265,96,80 on Aug. 18, 2013; KRW 69,505,070 on Aug. 30, 2013 in installments, and KRW 69,505,070 on Aug. 30, 2013 in the amount of KRW 1,265,96,80 on Aug. 18, 2013 in the amount of KRW 19,631,030 on Jul. 19, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4-6, evidence Nos. 7-2-8, 10-2-9, 11-2-8, 12, 15 (including the number of branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The plaintiffs' assertion of this case is as follows.

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