logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2017.09.13 2017구합498
도로점용료부과처분취소등
Text

1. The defendant

A. On June 24, 2016, the disposition of imposition of KRW 4,913,150 for the road occupation and use fees imposed against the Plaintiff is revoked;

(b) dated 2016.

Reasons

1. Details of the disposition;

A. On July 23, 2010, the Plaintiff obtained approval from the Defendant for the use of a building for religious facilities (associations) on the ground 1542.5 square meters of the 1293 Religious Site (hereinafter “instant church”) in Gwangju-si, Gwangju-dong (hereinafter “instant church”) from the Defendant, and thereafter occupies part of 1306 square meters of a road 5469.8 square meters of the 1306 square meters in Gwangju-si, Gwangju-si, from that time to the date of closing argument.

(hereinafter referred to as the “instant road”) b.

On December 11, 2015, the Defendant, a road management agency of this case, notified the Plaintiff of the scheduled imposition of road occupation and use fees for the period from July 201 to December 2015, 201 when guiding the Plaintiff of the application for occupation and use of the road of this case.

C. On June 24, 2016, the Defendant imposed and collected the Plaintiff KRW 4,913,150 in total, KRW 446,650 in value-added tax amounting to KRW 446,650,00 for the road of this case, and for the road occupation and use fees from July 2011 to December 2, 2015.

(hereinafter “instant first disposition”) D.

On July 26, 2016, the Plaintiff filed an application for permission to occupy and use the instant road with the Defendant on July 27, 2016, and obtained permission to occupy and use the instant road (hereinafter “instant permission to occupy and use the road”) from the Defendant on July 27, 2016, namely, “entry road for the purpose of occupation and use”, “25 square meters of occupancy and use”, and “from January 1, 2016 to December 31, 2019.”

E. On July 28, 2016, the Defendant imposed and collected the Plaintiff KRW 1,141,250,00 in total, KRW 1,037,50 for road occupation and use fees from January 1, 2016 to December 31, 2016, and the value-added tax thereon, which are imposed and collected on the Plaintiff on the instant road.

(F) The Plaintiff was dissatisfied with each of the instant dispositions and filed a petition with the Gyeonggi-do Administrative Appeals Commission on September 21, 2016, but was dismissed on December 1, 2016.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 2 through 9, Eul evidence Nos. 1 through 3, and the purport of the whole pleadings.

arrow