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(영문) 수원지방법원 2015.01.15 2014구합1612
공공하수도원인자부담금 부과처분취소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Details of the disposition;

A. On January 30, 2013, the Plaintiff filed an application for a building permit on a factory building of 1st basement, 5,749.48 square meters of underground floor, 6th floor area of 31,873.42 square meters of total floor area of 31,873.42 square meters (hereinafter “instant building”), and filed an application for approval for use on November 28, 2011.

(A) The total floor area is changed to 32,145.31 square meters at the time of approval for use.

On December 17, 199, the Defendant calculated the volume of the entire building of this case as 146.92 cubic meters per day, as stated in the calculation statement of the charges to be borne by the Defendant, and calculated the volume of the entire building of this case as 146.92 cubic meters per day (i.e., 146.92 cubic meters x 95,000 won per cubic meter x 995,00 won per cubic meter x 995,00 won per cubic meter as publicly notified by the Defendant pursuant to Article 61 of the Sewerage Act and the Ordinance on the Use of the Charges to be borne by the Defendant (hereinafter “the instant disposition”), and on the 17th day of the same month, as

【Fact-finding without dispute over the ground for recognition, Gap evidence 1-2, Eul evidence 1-1, the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion (1) Article 61(3) of the Sewerage Act provides that “the calculation method for the amount borne by borne by borne persons and other necessary matters shall be prescribed by the Municipal Ordinance of the relevant local government.” However, Article 17(1)1 of the Ordinance on the Use of Sewerage provides that “the calculation shall be made by applying the calculation standard for the amount borne by borne persons under Article 61(1) of the Sewerage Act to the calculation standards, etc. for the amount borne by borne by borne persons under Article 61(1) of the Enforcement Decree of the Sewerage Act,” which stipulates that “the calculation shall be made by applying the calculation standard for the amount of sewage generated publicly notified pursuant to Article 24(5) of the Enforcement Decree of the Sewerage

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