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(영문) 서울고등법원 2018.04.19 2018누37566
기타부담금부과처분취소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Details of the disposition

On May 7, 2007, the Plaintiff was designated from the Mayor of Yeonsu-gu Incheon Metropolitan City on May 7, 2007 as the implementer of the urban development project (hereinafter “instant project”) that is being implemented according to the replotting method in the urban development zone 407,913 square meters in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon (hereinafter “instant project district”).

The project district of this case consists of residential areas (the Class-I general residential area, the Class-II general residential area, the Class-III general residential area, and the quasi-residential area) and according to the land use plan among the development plan and the implementation plan of the project of this case approved by the Mayor of Incheon Metropolitan City, the project district of this case is divided into residential land for the construction of detached houses or multi-family housing, etc. (223,627 square meters) and urban infrastructure land for the construction of roads, parks, etc. (184,286 square meters). In the case of residential land, on 51,773 square meters in detached houses, apartment houses, 142,582 square meters in the case of residential land, apartment houses, 13,41 square meters in multi-family housing, and on 15,831 square meters in the case of urban infrastructure, installation of residential facilities are planned to be installed in roads, parks,

Pursuant to Article 6 (1) of the Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Waste Facilities Promotion Act”), Article 4 of the Enforcement Decree of the Act on Promotion of Installation of Waste Disposal Facilities, Assistance, etc. to their Environs (hereinafter “Enforcement Decree of the Waste Facilities Promotion Act”), and Article 3 of the Yeonsu-gu Incheon Metropolitan City Ordinance on the Establishment and Operation of Special Accounts (hereinafter “Ordinance of this case”), the purchase costs and installation costs of waste disposal facilities (e.g., incineration facilities and food waste disposal facilities; hereinafter the same shall apply) to dispose of wastes generated from the project district of this case shall be calculated as follows, and on September 28, 2016

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