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(영문) 인천지방법원 2017.07.20 2016구합54064
점용료부과처분취소
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 6, 2011, the Plaintiff filed an application with the head of the Incheon Free Economic Zone Authority for permission to occupy and use a road of 17.5 square meters (hereinafter “first road”) of D roads (the period from April 8, 2011 to December 31, 201) in order to secure vehicles’ access roads to the Jung-gu Incheon Free Economic Zone C building (hereinafter “instant building”) owned by the Plaintiff, and the head of the Incheon Free Economic Zone Authority permitted the said application on April 8, 201.

B. The head of the Incheon Free Economic Zone Authority imposed road occupation and use fees for the road in 2011 on the road 1 as originally applied by the Plaintiff. However, from 2012 to 2014, road occupation and use fees for the road were imposed on the road 17.5 square meters of the Incheon Jung-gu road (hereinafter “second-gu road”), and the Plaintiff paid the occupation and use fees for the road normally without raising any special objection thereto.

On the other hand, on June 4, 2015, the authority to impose road occupation and use fees was transferred from the head of Incheon Free Economic Zone Authority to the defendant. On November 30, 2015, the defendant imposed the fees for occupation and use of roads in 2015 on the plaintiff (the period of occupation and use: January 1, 2015 to December 31, 2015; the object of imposition: the above report B and the purpose of occupation and use: access and exit) on the second road.

C. On December 2015, the Plaintiff designated the object of occupation and use as “the second road” and applied for the extension of the period of occupation and use permission.

After the Defendant permitted the Plaintiff’s above application, on April 4, 2016, the Defendant imposed KRW 72,820 (including additional tax) for the occupation and use of the road in 2016 for the Plaintiff (including the occupation and use period: from January 1, 2016 to December 31, 2016; the subject of imposition B delivery; the vehicle access route: hereinafter “instant disposition”).

On May 17, 2016, the Plaintiff filed an objection against the instant disposition with the purport that “No. 2 is subject to the imposition of road occupation and use fees,” with the Defendant, but the Defendant dismissed the said application on May 31, 2016.

After that, the Plaintiff is dissatisfied with the Incheon Metropolitan City Administrative Appeals Commission on July 11, 2016.

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