1. The Defendant’s imposition of charges for causing traffic congestion of KRW 72,379,920 against the Plaintiff on October 10, 2017 is revoked.

2...

1. Details of the disposition;

A. The Plaintiff is a corporation established in order to establish a foundation for the stable supply of gas to the public in accordance with the Korea Gas Corporation Act, which carries out the business of manufacturing and supplying urban gas, refining and selling by-products thereof, and constructing and operating a natural gas receiving base and supplying network.

B. The Plaintiff’s Incheon Production Base (hereinafter “instant base”) is located in KRW 960,00 as the new port of Yeonsu-gu Incheon, and its total site area reaches approximately KRW 448,000 square meters.

A total gas storage tank constructed around October 1996 (10,00 10,00 10,00 2 140,00 2 140,00 2 10,00 2 20,00 20 20,00 8 m25 m20,000 m2 of the storage tank site (hereinafter “the storage tank of this case”) and other facilities, such as factory facilities, educational research facilities, and substations, are constructed.

C. On September 7, 2015, the Inspector General of Incheon Metropolitan City pointed out that “The consulting audit of traffic inducement charges was conducted,” and that “the several heads of the Gu affiliated with Incheon Metropolitan City including the Defendant did not impose the traffic inducement charges on outdoor storage facilities, etc. like the instant base.”

On October 10, 2017, pursuant to Article 36(1) of the Urban Traffic Improvement Promotion Act, the Defendant imposed KRW 72,379,920 on the Plaintiff during the imposition period from August 1, 2016 to July 31, 2017.

(hereinafter referred to as “instant disposition”). [Grounds for recognition] The entry in Gap’s 1 through 6, Eul’s 3 evidence (including branch numbers; hereinafter the same shall apply), and the purport of the whole pleadings.

2. Whether the instant disposition is lawful

A. The Plaintiff’s instant disposition is unlawful for the following reasons.

1) The Urban Traffic Improvement Promotion Act (hereinafter “Act”) is only referred to as “Act”).

) Article 36(8)3 of the Enforcement Decree of the Act and Article 17(1)19 of the Enforcement Decree of the Act on the Reduction, etc. of Traffic Inducement Charges in Incheon Metropolitan City (hereinafter “the Ordinance”).

Section 1 of Article 3.