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(영문) 대구고등법원 2018.11.02 2018누3494
하천수사용료부과처분취소
Text

1. Revocation of the first instance judgment.

2. Fees for the use of river water from June 24, 2016, the Defendant paid to the Plaintiff, as well as KRW 626,869,270, and January 27, 2017.

Reasons

A. As a juristic person established for the purpose of manufacturing and sales business, etc., it operated an Ansan Factory (hereinafter “instant factory”) in 2222-2 on the behalf of Ansan-si.

B. While operating the factory of this case, the Plaintiff obtained permission for the use of penal river water from the head of the Nakdong River flood control office in order to produce Dong and Dong gold materials, processed products, etc., and paid the fees according to the actual usage.

C. On June 24, 2016, the Defendant imposed on the Plaintiff KRW 626,869,270, which is the difference between the amount calculated based on the permitted amount and the amount already paid, on the ground that “the usage fee under Article 50(5) of the former River Act (amended by Act No. 13689, Dec. 9, 2015; hereinafter “former River Act”) should be imposed based on the permitted amount, not on the actual usage of river water, but on the permitted amount.”

The subject of imposition (A) usage fees (C) for the unit price (D=A*B) for the unit price (C) for the permitted volume (D=A*B), (E) amount (F=D-E) for the period of June 1, 201 to December 31, 2012 (F=D-E), 463, 449, 549, 723,982, 9306, 626,869, 279 on January 1, 2013 to December 17, 2014 (716), 16,7050, 447, 467, 2058, 205, 305, 160, 2598, 206, 205, 205, 360, 258, 295, 205, 1965, 205, 2015

D. The Plaintiff appealed and filed an administrative appeal. However, on October 31, 2016, the Gyeonggi-do Administrative Appeals Commission dismissed the Plaintiff’s claim.

E. On February 8, 2017, the Defendant: (a) imposed KRW 279,747,000 on the Plaintiff, who was pending the instant lawsuit; and (b) calculated on the basis of the permitted volume, not the actual quantity, as indicated below, based on the usage fee of river water in 2016.

(2) The term of imposition (A) the unit price (C) unit price (C) unit price (C) in cubic metres) during the period subject to imposition (A) and usage fees (D=A*B*C) from January 1, 2016 to September 22, 2016 (266 days) shall be 15,000 on 20,697,000 to September 23, 2016. The term of imposition of usage fees from September 23, 2016 to December 31, 2016 (10 days) shall be 15,000.

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