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(영문) 의정부지방법원 2015.12.01 2015구합7727
부담금부과처분취소 청구의 소
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 September 21, 2007, the Plaintiff was designated as the project implementer for the housing site development project of the Yangju-si-si-si-si-si-si-Seoul-si-si-si-si-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “instant project district”).

The Plaintiff is obligated to directly install waste disposal facilities or pay expenses for the installation of waste disposal facilities pursuant to Article 6(1) of the former Act on Promotion of the Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 13170, Feb. 3, 2015; hereinafter “Waste Facilities Promotion Act”), and Article 4(1) of the Enforcement Decree of the Waste Facilities Promotion Act. The Plaintiff agreed to pay expenses for the installation of waste disposal facilities on December 20, 207, instead of directly installing waste disposal facilities.

B. The Defendant on January 13, 2012 and the same year

3. 6. The Plaintiff demanded that the payment plan be submitted according to the above consultation. However, on March 28, 2012, the Plaintiff notified the Plaintiff that it would submit the payment plan if the commencement of the development is visible in the future on the grounds of project delay.

On March 8, 2013, the defendant urged the plaintiff to submit a payment plan, and presented a proposal for the calculation of installation charges. The plaintiff presented the same year.

4. 25. The payment plan was submitted.

C. The Defendant attached to the Plaintiff on November 17, 2014, where the difference between the Plaintiff and the Plaintiff’s opinion on the calculation of installation charges is narrow.

1. A scheduled imposition of KRW 22,689,00,000 of the cost of installing waste disposal facilities (i.e., cost of installing incineration facilities, KRW 16,841,60,000,00 for the cost of installing food waste disposal facilities) as stated in a draft plan. On the 25th of the same month, the Plaintiff notified the Defendant of the scheduled imposition of KRW 5,847,40,00 for the cost of installing waste disposal facilities. On the 25th of the same month, the Plaintiff calculated the cost of installing waste disposal facilities to the Defendant, the adequacy of the fluctuation coefficient applied when calculating the cost of installing waste disposal facilities

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