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(영문) 서울고등법원 2018.02.08 2016누71555
폐기물처리시설설치비용 부담금 부과처분 취소 청구의 소
Text

1. Of the judgments of the first instance court, the part against the defendant in excess of the following portions shall be revoked and that part shall be revoked.

Reasons

Details of the disposition

The Plaintiff is an implementer of a project to create a national rental housing complex in the Bupyeong-si Park District with a development area of at least 300,000 square meters (the project implementation period: from May 7, 2005 to October 31, 201) and a project to create the Bogeumjari Housing District in the Housing Zone (the project implementation period: December 3 to December 31, 2009).

On July 29, 2011, pursuant to Articles 6 of the former Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 12077, Aug. 13, 2013; hereinafter “former Waste Disposal Promotion Act”), Article 4 of the former Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Presidential Decree No. 23700, Mar. 30, 2012); Articles 3 and 4 of the former Ordinance on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (wholly amended by Ordinance No. 2790, Jun. 17, 2013; hereinafter “former Ordinance”); Article 6 of the former Act on the Assistance, etc. to their Environs (amended by Act No. 12077, Aug. 13, 2013); Article 4 of the former Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities; Article 201600 tons of Food Waste Disposal Facilities (20.)

On August 18, 201, the Defendant issued to the Plaintiff on August 18, 201, a charge for installing waste disposal facilities in a booming area with the content that “on the basis of the data paid in installments through negotiations and consultations with the Plaintiff at the time of the 2000 regular housing site development, the Defendant presented the basis for calculating the cost of installing waste disposal facilities in a booming area in total of KRW 446,122,00 as follows, and replyed after review.”

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