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(영문) 수원지방법원 2017.12.20 2015구합67213
폐기물처리시설설치비용 부담금 부과처분 취소
Text

1. On May 7, 2015, the Defendant incinerated the waste disposal facilities for the public housing project for the Plaintiff on May 7, 2015.

Reasons

1. Details of the disposition;

A. Pursuant to Article 6(1) of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to Their Environs-si, the Plaintiff is to pay waste disposal charges instead of installing incineration waste disposal facilities and food waste disposal facilities in the instant project district pursuant to Article 6(1).

B. The Plaintiff and the Defendant concluded an agreement on the payment of charges for installing waste disposal facilities from September 2014 to April 2015 (hereinafter “instant agreement”) on April 28, 2015, based on the calculation standards set by each of the original Defendant, the difference in the amount of installation charges arising from the difference in the calculation standards for the planned population in the instant project district, the grounds for calculating the amount of waste generated, the required site per ton, and the cost of purchasing a site per 1 square meter in the instant project district, was adjusted through administrative litigation in the future, but if no administrative litigation is filed, the difference in the amount of installation charges arising from the difference in the calculation standards set by the Defendant.

C. On May 7, 2015, the Defendant imposed a charge for installing waste disposal facilities of KRW 5,048,70,700 on the Plaintiff (i.e., KRW 3,025,784,00 for the cost of installing facilities of KRW 2,022,917,00 for the purchase of land) and KRW 5,663,768,00 for the cost of installing food waste disposal facilities (i.e., KRW 2,506,81,00 for the cost of purchasing land) (i.e., KRW 3,156,957,00 for the installation cost of facilities of KRW 3,156,97,00 for the above disposal). In calculating the cost of installing the above waste disposal facilities, the Defendant imposed a charge for installing the waste disposal facilities of KRW 10,712,469,000 for each of the population planned in the instant project district (hereinafter “the instant disposal”).

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