1. The plaintiff's claim is dismissed.

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

1. Details of the disposition;

A. The Plaintiff is a company that owns and operates the shopping mall called Yeonsu-gu Incheon store C Incheon store (hereinafter “instant facility”).

B. On October 17, 2016, the Defendant imposed on the Plaintiff the traffic inducement charge of the instant facilities KRW 34,894,120 (the imposition period: from August 1, 2015 to July 31, 2016; the imposition area: 17,65.45 square meters; the unit charges: 1,000 won (hereinafter “instant disposition”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion is that the instant disposition was made based on the Ordinance on the Reduction, etc. of Traffic Inducement Charges in Illegal Incheon Metropolitan City (hereinafter “instant Ordinance”) as follows, and thus, is unlawful.

(1) Article 37(2) of the Urban Traffic Improvement Promotion Act provides that “The unit charges and traffic inducement coefficient for the calculation of traffic inducement charges shall be determined by Ordinance of the Ministry of Land, Infrastructure and Transport taking into account the number of users, sales, traffic congestion or the use of facilities, etc., and the head of a Si may adjust the unit charges and traffic inducement coefficient by up to 100/10, taking into account the location, size, characteristics, etc. of facilities,

However, the ordinance of this case only differs from the traffic inducement coefficient according to the size and characteristics of the facility, and there is no consideration as to whether the location of the facility is a downtown area or an external area. This is against the delegation of the above provision, which considers all the location, size and characteristics of the facility, and also goes against the principle of equality by applying uniform standards to other facilities depending on the location of the facility.

(2) Article 37(2) of the Urban Traffic Improvement Promotion Act shall include the location, size, characteristics, etc. of facilities as prescribed by municipal ordinance of the City Mayor.