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(영문) 대구지방법원 2016.11.11 2016구합21390
원인자부담금부과처분취소
Text

1. On March 7, 2016, the imposition imposed by the Defendant on the Plaintiff of KRW 32,638,320 on the Plaintiff is revoked.

2...

Reasons

1. Details of the disposition;

A. On February 26, 2016, pursuant to Article 33(3) of the Water Quality and Aquatic Ecosystem Conservation Act, the Plaintiff reported the alteration of wastewater discharge facilities, etc. from the “78.97 cubic meters/day” to “104.33 cubic meters/day.”

B. On March 7, 2016, the Defendant imposed on the Plaintiff a disposition imposing the burden on the Plaintiff amounting to KRW 32,638,320,00 in accordance with Article 61 of the Sewerage Act, Article 35 of the Enforcement Decree of the same Act, Articles 21 through 24 of the former Si/Gu Ordinance on the Use of Sewerage, and Article 9 of the Enforcement Rule of the same Ordinance, by applying the unit price per / daily in 1,287,00 won to “25.36 cubic meters,” which is an increase in the

(hereinafter “instant disposition”). C.

On March 2016, the Plaintiff filed a report on the alteration of wastewater discharge facilities, which reduces wastewater discharged from "104.33 cubic meters from "104.33 cubic meters/day" to "78.29 cubic meters/day," and received a new certificate of permission for the installation of wastewater discharge facilities

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) The Defendant did not go through the procedure for prior notice of the disposition under Article 5 of the Framework Act on the Management of Charges prior to the imposition of the instant charges. (2) According to Article 24 of the former Ordinance on the Use of the Urban Sewerage, the imposition of the amount borne by the Defendant stipulates that the imposition of the amount borne by the Defendant shall be imposed at the time of approval or permission for the installation of wastewater discharge facilities, and the period of collection (payment) of the amount borne by the amount borne by the Defendant shall be prior to the completion of drainage facilities and the approval for the use of buildings. The Defendant was unlawful since the instant disposition was made on March

(b) as shown in the attached Form of the relevant statutes;

C. In the event that the imposing authority imposes a charge, the person liable to pay the charge should first be the person liable to pay the charge, ② the legal basis for the imposition of the charge, the amount to be paid, the calculation basis,

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