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(영문) 부산지방법원 2018.07.19 2018구합396
교통유발부담금부과처분취소
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 May 2, 2017, the Plaintiff, B, and C owned a six-story above the total floor area of 3,891.39 square meters in Busan Metropolitan Government D, and a two-story commercial building (E building; hereinafter “instant building”) under the ground, and completed the registration of ownership transfer on tin ore, Co., Ltd. on April 7, 2017.

B. The Defendant imposed charges for causing traffic congestion on September 27, 2017 (the same shall apply to the imposition on behalf of the owner of the instant building).

(1) The Urban Traffic Improvement Promotion Act (hereinafter referred to as the “Urban Traffic Improvement Promotion Act”) shall apply.

(A) The imposition period for charges for causing traffic congestion in 2017, which is based on the imposition period from August 1, 2016 to July 31, 2017 pursuant to Article 36 (hereinafter “charges”).

(2) On October 19, 2017, the Defendant: (a) confirmed that the ownership of the instant building was transferred; (b) revoked the first disposition; and (c) imposed KRW 2,721,470 on the Plaintiff on a daily basis for the ownership period of the instant building; and (d) imposed each charge of KRW 903,840 on tin ore Co., Ltd. on the Plaintiff.

3) The Plaintiff filed a report on non-use of part of the instant building, and the Defendant revoked the second disposition, and on November 10, 2017, issued a third disposition imposing charges of KRW 2,350,380, which reduced the Plaintiff’s KRW 371,090 by adjusting the inducing coefficient and filing a report on non-use. (4) The Defendant discovered procedural defects in the imposition of charges on a daily basis for the possession period without filing an application for the allocation of tin-ray to the Plaintiff Co., Ltd., the present owner of the instant building, and revoked the third disposition ex officio, and the Defendant issued a fourth disposition imposing charges of KRW 2,350,380 on tin, Inc. on December 1, 2017.

5) On December 7, 2017, the Enforcement Decree of the Urban Traffic Improvement Act (hereinafter “Enforcement Decree of the Urban Traffic Improvement Act”) applies to the Defendant on December 7, 2017.

A daily application under Article 23 (2) was submitted.

Accordingly, the Defendant’s payment deadline on December 11, 2017 to the Plaintiff is KRW 2,350,380,000 for the charge until December 31, 2017.

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