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(영문) 창원지방법원 2018.09.19 2017구합51417
하수도사용료부과처분취소
Text

1. Each sewerage fee stated in the attached Form 1 that the Defendant imposed on the Plaintiffs on each of the following.

Reasons

1. Details of the disposition;

A. The plaintiff Socsan 2 shopping mall is an organization composed of the merchants of Socsan 2, 89, the Socsan 2, the Socsan 2, and the rest of the plaintiffs is the council of occupants' representatives of the apartment complex of each plaintiff, composed of representatives elected in proportion to the number of households of each apartment complex of each plaintiff according to Article 14, etc. of the Multi-Family Housing Management Act.

B. In order to comprehensively treat the sewage discharged within his jurisdiction, the Defendant completed the construction of a large-scale public sewage treatment plant at the beginning of the city 785 on February 29, 2004, and operated it from around February 29, 2004. The Defendant completed the construction of a large-scale public sewage treatment plant at the 139, Gyang-dong 139, and operated it from April 14, 2008. In order to secure the financial resources for the cost of the construction of the sewerage, the Defendant set the sewage use fee for the apartment complex owners of the apartment complex on a regular monthly basis in accordance with the following guidelines.

C. Accordingly, the Defendant imposed a sewerage fee on the occupants of the apartment complex from February 2017 to April 2017 (hereinafter “each of the instant dispositions”) as stated in the attached Form 1.

Meanwhile, the plaintiffs' apartment complex has separate sewage treatment facilities for each complex, and the occupants of the apartment complex of the plaintiffs do not use public sewage treatment facilities operated by the defendant, such as macro-central public sewage treatment facilities and long-sea public sewage treatment facilities, and treat sewage by using sewage purification facilities.

However, sewage purified through its own sewage treatment facilities is being discharged through the public sewage culvert managed by the defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 5, and Eul.

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