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(영문) 서울행정법원 2015.04.23 2014구합20919
환경개선부담금환급
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On August 5, 1997, the Plaintiff acquired Poter Automobile (Registration Number B), which is a small truck, and the head of Songpa-gu Seoul Metropolitan Government imposed the environmental improvement charges for motor vehicles (hereinafter referred to as “environmental improvement charges”) on the Plaintiff, who is the owner of the said motor vehicle, every year.

However, the claimant did not pay the total of 1,006,090 won (including additional charges; hereinafter “instant environmental improvement charges”) total of 7 environmental improvement charges from January 2001 to January 2004, and the head of Songpa-gu Seoul Metropolitan Government seized the said vehicle to compensate for the environmental improvement charges in arrears by the plaintiff as follows:

(1) The Plaintiff’s deposit account was attached on October 26, 2001 for the first period of 1201 and 476,140 of 1201, and the second period of 2001, and 85,800 on December 3, 2001, and 87,420 on July 22, 2002 and 90,130 on January 205, 200, and the Plaintiff’s deposit account was additionally attached for the second period of 2002 and 86,790 on June 23, 2003, and the Plaintiff’s deposit account for the second period of 200, 1303 to June 16, 2008.

5. All removals have been made.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 and 2, and the purport of the whole arguments and arguments, and the head of Songpa-gu Seoul Metropolitan Government Office of the plaintiff's assertion that the plaintiff did not notify the plaintiff of such fact after attaching the plaintiff's motor vehicle. The attachment disposition of this case is null and void, and thus there is no effect of suspending the extinctive prescription

Therefore, since the environmental improvement charges of this case have been completed by the five-year extinctive prescription, the defendant shall be limited and paid by the plaintiff.

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