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(영문) 의정부지방법원 2015.09.15 2014구합8334
상수도원인자부담금 부과처분 무효확인 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Details of the disposition;

A. On October 6, 2003, the Plaintiff Korea Land and Housing Corporation (hereinafter “Plaintiff Corporation”) obtained approval of the housing site development plan from the Gyeonggi-do Governor for the total area of 2,068,587 square meters in Nam-si, Namyang-si, Namyang-si (hereinafter “Seoul Yangyang-si H”) and implemented the housing site development project.

B. On February 24, 2006, the Plaintiff Corporation directed the Plaintiff Corporation that it should enter into an agreement on the amount borne by water supply for housing construction projects prior to the approval of the housing construction project, and notified the Defendant of an agreement on the amount borne by water supply for common houses subject to the housing construction project at KRW 17,007,329,000, and later notified the payment agreement on the amount borne by water supply for other facilities to be constructed within the H zone in the Southern Yangyang-ju, with the content that the amount borne by water supply for other facilities should be separately imposed.

C. Accordingly, on March 28, 2006, the Plaintiff Corporation requested an agreement that the amount borne by the water supply burden on other facilities should not be imposed separately on the ground that the amount borne by the water supply burden on other facilities for other facilities would result in double imposition of the amount borne by the water supply burden on other facilities. However, on March 30, 2006, the Defendant notified the Plaintiff Corporation of its refusal of its request on the ground that the amount borne by the water supply burden on other facilities for other facilities was included in the amount borne by the water supply burden on other facilities to be constructed later. However, according to the Ordinance on the Water Supply of Namyang-si, Namyang-si, Seoul (amended by Ordinance No. 680, Jan. 10, 2007; hereinafter “the Ordinance of this case”), 17,007,329,000 won is merely the amount borne by the water supply burden on common houses and the amount borne by water supply on other facilities should be imposed separately.

2.3

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