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(영문) 수원지방법원 2015.08.12 2014구합58106
폐기물처리시설설치비용 부담금 부과처분 취소
Text

1. On June 18, 2014, the Defendant’s housing site development project for the Plaintiff on Korea-Namnam District housing site development project.

Reasons

1. Details of the disposition;

A. Pursuant to Article 6(1) of the Act on 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 food waste disposal facilities in the instant project district pursuant to Article 6(1).

B. The Plaintiff and the Defendant consulted on the standards for calculating installation charges on several occasions from February 2013 to March 2014. Accordingly, an agreement was made on the source of waste generation (kg/person day), the change coefficient, the required site per ton (m2) and the unit price for installation per ton (won/metric) but did not reach an agreement on the planned population and the purchase cost of the site per ton within the instant project district.

C. On June 18, 2014, the Defendant imposed a waste disposal facility installation charge of KRW 10,251,039,000 on the Plaintiff (hereinafter “instant disposition”). In calculating the aforementioned charges, ① the planned population in the instant project district is 44,641, the total of 30,278, and 74,919, but, in the case of a full-time population, the amount of waste generated per person is deemed to have generated 1/30,000 of the daily waste amount. ② the cost of purchasing a site per square meter is deemed to have been KRW 1,162,910, the cost of purchasing a site in the instant project district, and the total cost of purchasing a site was calculated by deeming the planned population to have been KRW 44,641, the permanent population to have been 30,919.

Specific details are as listed below:

The scale of treatment facilities on the basis of classification, the scale of the planned disposal facility, the number of permanent population 4,641, the number of permanent population 30,278 total 74,919 (b), kg/person 0.269 (c) Ordinance (at least 1.3%) 1.3 (d) [the quantity of wastes (standing x (standing x x (b))] x (c) (the quantity of wastes generated (standing x x / 3) x (standing x x / day) x (f)] x (c) 19.

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