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(영문) 창원지방법원 2019.01.30 2018구합52431
하수도사용료부과처분무효확인
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. The Plaintiff is an autonomous resolution body representing occupants and users, who are multi-family housing, A (hereinafter “multi-family housing in this case”) (Article 2(1)8, and Article 14 of the Multi-Family Housing Management Act), and the Defendant is the public sewerage management authority that installs and manages a public sewerage system at the time of

(Article 3(2), 11(1), and 18(1)(b) of the Sewerage Act.

Pursuant to Article 15(2) of the Sewerage Act, the Defendant has designated adjacent areas of “B public sewage treatment plants” and “C public sewage treatment plants” as the treatment-required area (hereinafter “the treatment-required area”). Pursuant to Article 65(1) of the Sewerage Act, the Defendant has imposed a sewage fee on the residents within the treatment-required area.

C. Meanwhile, the instant multi-family housing is located within the instant treatment area, and instead of using a public sewage treatment plant from July 2012 to September 2016, 201, the occupancy time of the instant multi-family housing, the private sewage treatment facility (Article 2 subparag. 13 of the Sewerage Act) was installed independently and treated sewage, and discharged as sewage pipes after treating it (Article 2 subparag. 13 of the Sewerage Act from October 2016).

From July 2012 to September 2016, the Defendant issued a disposition imposing public sewerage fee (specific imposition details are as shown in attached Form 1; hereinafter “instant disposition”) on the Plaintiff pursuant to Article 65(1) of the Sewerage Act, Article 36(2) of the Enforcement Decree of the Sewerage Act, and attached Table 1 of Article 14(2) of the former Ordinance on the Use of Long-Term Sewerage (Amended by Ordinance No. 1521, Apr. 24, 2017; hereinafter “former Ordinance”).

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 6 (including virtual number), and the purport of whole pleadings

2. Attached Form 2 of the relevant Acts and subordinate statutes shall be as follows;

3. According to the attached Table 1 of Article 14(2) of the former Ordinance, the Plaintiff used a private sewage treatment facility, other than a public sewage treatment plant, as the Plaintiff.

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