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(영문) 대전고등법원 2017.06.01 2017누10102
점용료부과처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasons why the court should explain this part of the disposition are as stated in Article 8(2) of the Administrative Litigation Act and the main text of Article 420 of the Civil Procedure Act, in addition to the fact that “the imposition of occupation and use fees in question (hereinafter referred to as “the imposition of occupation and use fees in question”) is deemed to be “the imposition of occupation and use fees in question” (hereinafter referred to as “the imposition of occupation and use fees in question”) under the second sentence No. 17 and 18 of the judgment of the court of first instance. Thus, this part is cited as it is in accordance with Article 8(2) of the Administrative Litigation Act and

2. Whether the instant disposition is lawful

A. The purport of the Plaintiff’s assertion is that the Special Act on Public Housing applies to the instant project, and when approval of a public housing zone plan is granted under the Special Act on Public Housing, it is deemed that permission to occupy and use railroad facilities under Article 42 of the Railroad Enterprise Act (hereinafter “permission to occupy and use railroad facilities”) is obtained pursuant to Article 18(1) of the Special Act on Public Housing. Article 18(3) of the Special Act on Public Housing provides that where authorization or permission is deemed granted under any other Act, the license tax, usage fee, etc. imposed under the relevant Act shall be exempted. Thus, the instant disposition on a different premise

B. It is as stated in the relevant laws and regulations attached thereto.

C. Determination 1) The instant district plan was approved on or around December 2013 pursuant to Article 17 of the former Special Act on the Construction, etc. of Bogeumjari Housing (amended by Act No. 12251, Jan. 14, 2014; hereinafter “former Bogeumjari Housing Act”). The former Bogeumjari Housing Act was amended by Act No. 12251, Jan. 14, 2014 to “Special Act on the Construction, etc. of Public Housing, etc.” under the amended Act, “The previous Bogeumjari Housing Act, etc. designated and publicly announced pursuant to the Public Housing Act, shall be deemed a public housing zone under the Special Act on the Construction, etc. of Public Housing” (Article 3 of the Addenda).

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