Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Details of the disposition;
A. On April 20, 2005, the Plaintiff was subject to a disposition of approval of a project plan on the housing construction project to build apartment houses with a scale of 500 households on the ground of a long-term four district consisting of a lot of land outside 43-3 and a lot of land outside 40 parcels in Jinyang-si, Chungcheongnam-si. (hereinafter “instant project”).
B. In rendering the above approval of the business plan, the Defendant notified the Plaintiff of the conditions that the project implementer should complete the opening of a bypassing road before moving into a multi-family housing in order to diversify the traffic volume of 47 lines. On June 19, 2005, the Defendant notified the Plaintiff of the payment of the traffic charges of the instant project by August 15, 2005 pursuant to Articles 11 and 11-4 of the former Special Act on the Management of Intercity Transport in Metropolitan Areas (amended by Act No. 8251, Jan. 19, 2007; hereinafter “former Framework Act on the Management of Intercity Transport”) and Article 17 of the Enforcement Decree thereof (amended by Presidential Decree No. 18915, Jun. 30, 2005; hereinafter “former Enforcement Decree of the Intercity Transport Management Act”).
[Gu] The Ordinance on the Imposition and Collection of Charges for Metropolitan Transport Facilities and Special Accounts for Metropolitan Transport Facilities of Gyeonggi-do (Ordinance No. 3113, Jun. 11, 2001; hereinafter referred to as the “Ordinance on the Management of Metropolitan Transport Facilities of Gyeonggi-do”).
(C) The Governor of the Gyeonggi-do delegates his/her authority to the Defendant regarding the imposition and collection of the above charges pursuant to Article 4.
1. On June 29, 2005, the Plaintiff approved the Defendant on the condition that the Plaintiff shared part of the project cost for the instant project on the bypass road of 47 national highways, and agreed on the selection of the bypass road route, the method of sharing the project cost accordingly, and the amount of sharing. The amount of sharing should be deducted from the instant transport charges pursuant to Article 11-3 of the former Metropolitan Transport Management Act and Article 16-2(3) of the Enforcement Decree of the former Metropolitan Transport Management Act. Therefore, the amount of deduction should be considered.