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(영문) 대전지방법원 2019.07.11 2018구합105568
상수도원인자부담금 부과처분취소
Text

1. On July 17, 2018, the Defendant’s apartment housing for B block against the Plaintiff on July 17, 2018 is located in the same block building.

Reasons

1. Details of the disposition;

A. The Korea Land and Housing Corporation was designated as the implementer of the housing site development project (hereinafter “instant project”) to build a housing complex in the public housing zone E (hereinafter “instant zone”) in the Dong-dong and Dong-dong members of the Korea Land and Housing Corporation (hereinafter “instant zone”), and completed the said project on January 2017.

B. The Plaintiff sold the land located in the instant district B block from the Korea Land and Housing Corporation and newly constructed multi-family housing and commercial buildings (hereinafter “instant multi-family housing,” and “instant commercial buildings”).

C. On July 17, 2018, pursuant to Article 71 of the Water Supply and Waterworks Installation Act, Article 65 of the Enforcement Decree of the Water Supply and Waterworks Installation Act, and Article 4(1)1 and 3 of the Ordinance on the Calculation, Collection, etc. of Charges Borne by Water Supply and Waterworks in Public Sector (hereinafter “instant Ordinance”), the Defendant imposed charges of KRW 162,856,220 on the instant multi-family housing and charges borne by water borne by the Defendant for the instant commercial buildings, respectively.

(hereinafter referred to as the "disposition in this case"). 【No dispute exists, Gap evidence No. 1 (including additional number), and the purport of the whole pleadings

2. The details of the relevant Acts and subordinate statutes are as shown in attached statutes;

3. Whether the instant disposition is lawful

A. The gist of the Plaintiff’s assertion 1) The Defendant did not meet the requirements for imposing charges on the Plaintiff under Article 4(1)1 and 3 of the instant Ordinance, but the instant disposition was rendered even though the Plaintiff did not meet the requirements for imposing charges on the Plaintiff. Furthermore, Article 4(1)3 of the instant Ordinance is null and void by deviating from the delegation scope of superior laws and regulations. 2) Since the person who incurred the installation or extension of waterworks necessary for the instant apartment houses and commercial buildings claiming the imposition of charges is the Korea Land and Housing Corporation, the operator of the instant project, which is the Korea Land and Housing Corporation, the Plaintiff cannot impose charges on the Plaintiff with regard to the relevant waterworks,

B. The assertion regarding the grounds for the disposition.

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