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(영문) 춘천지방법원강릉지원 2016.10.13 2016구합95
하수도원인자부담금부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part pertaining to the participation in the litigation is the intervenor joining the Plaintiff.

Reasons

1. Details of the disposition;

A. On July 1, 2015, the Plaintiff concluded a lease agreement with the Intervenor B (hereinafter “Supplementary Intervenor”) to lease the instant building from July 1, 2015 to the Intervenor for five years from July 1, 2015.

B. On July 13, 2015, D, the wife of the auxiliary intervenor, filed a report on general restaurant business with the Defendant on the location of a place of business 5.3 square meters of the instant building, and, with the knowledge that the amount borne by the sewerage charge may be imposed according to the quantity calculated in proportion to the area, the auxiliary intervenor filed a report on the succession to the status of food business operators on August 20, 2015, and filed a report on the change of the area of business to the size of 298.1 square meters on August 21, 2015.

On October 30, 2015, the supplementary intervenor filed a report on the change of the place of business to 215 square meters again (hereinafter “instant business report”).

C. On November 26, 2015, the Defendant imposed on the Plaintiff a sewerage charge of KRW 31,450,120 [the 31,450,120 cubic meters of general restaurants (the retail store 4.46 cubic meters of general restaurants 15.05 cubic meters) / (the retail store 4.46 cubic meters of general restaurants 15.05 cubic meters) / (the retail store 15.05 cubic meters of general restaurants / 15.00 cubic meters) / (the 1,612,000 cubic meters / metres) pursuant to Article 61 of the Sewerage Act and Article 16 of the Ordinance on the Use of Sewage of Sinsi] on the ground that the use of the instant building changed from “a general restaurant 215 square meters and retail store 2

On December 15, 2015, the Plaintiff raised an objection against the Defendant. However, the Defendant dismissed the Plaintiff’s objection on December 28, 2015.

E. The Plaintiff filed an administrative appeal with the Gangwon-do Administrative Appeals Commission on January 19, 2016, but was dismissed on March 14, 2016.

F. On the other hand, the Defendant is responsible for the burden of sewage on the discharged volume (4.46 cubic meters/day) of the retail store due to an error in the application of the relevant amended statutes on September 6, 2016, which is pending in the instant lawsuit.

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