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(영문) 수원지방법원 2014.12.11 2014구합213
도로점용료부과처분 취소
Text

1. Of the instant lawsuit, the Defendant’s disposition imposing charges for the occupation and use of each road from 2007 to 2010 is revoked.

Reasons

1. Details of the disposition;

A. The Plaintiff, while operating a logistics warehouse in Gwangju-si, Gyeonggi-do, has occupied and used the road for C, D, E, total area of 1,870 square meters (93 square meters for occupancy and use: 937 square meters for entry, 933 square meters for a parking lot, 933 square meters for a parking lot; hereinafter “instant road site”) by obtaining permission from the Defendant to occupy and use the road.

B. Pursuant to Articles 38 and 41 of the Road Act, Article 42 of the Enforcement Decree of the same Act, and attached Table 2 of the Enforcement Decree of the same Act, the Defendant selected B warehouse sites in contact with the instant road site, F warehouse sites, G forest land areas in Young-si, and H forest land (hereinafter collectively referred to as “instant standard land”) as the base land to calculate road occupation fees, and calculated the occupation fees by means of multiplying the arithmetic average value of the officially assessed individual land price by the occupation area of the instant road site and the occupation rate by the occupation and use rate of the instant road site. On August 8, 2012, the Defendant imposed the Plaintiff KRW 6,836,550 on the instant road site from 207 to 2012.

(hereinafter referred to as “instant disposition of imposition,” and the details of road occupation and use fees for the pertinent year are as specified in the following table).

On November 5, 2012, the Plaintiff filed an administrative appeal with the Central Administrative Appeals Commission. Of the instant disposition on October 1, 2013, the said commission revoked the instant standard land for calculating road occupation and use fees for the period from 2007 to 2010 cannot be deemed to have been used for the same or similar purpose as the instant road site. As such, the disposition imposing road occupation and use fees for the period from 201 to 2012 was lawful in accordance with the Enforcement Decree of the Road Act amended on September 17, 201, and thus, determined that the disposition imposing road occupation and use fees for the period from 201 to 2012 is dismissed.

【Fact-finding without a dispute over the ground for recognition, Gap evidence 1 through 9, Eul evidence 1 through 3, and the purport of whole pleadings

2. Determination as to the claim on the imposition of road occupation and use fees from 2007 to 2010 among the instant lawsuit

A. The Plaintiff from October 1, 2013 to October 2007 by the Central Administrative Appeals Commission.

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