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(영문) 인천지방법원 2014.11.13 2014구합30569
폐기물처리시설 설치부담금 부과처분취소 청구의 소
Text

1. The Defendant’s imposition of KRW 10,187,797,330 of the charges for installing waste disposal facilities against the Plaintiff on December 11, 2013.

Reasons

(b) transmit an agreement on charges included;

On December 30, 2010, the Plaintiff: (a) sealed the written agreement on the charges; (b) paid the Defendant the first portion of the charges on the same day; and (c) paid the second portion of the charges on November 29, 201, respectively.

(hereinafter referred to as the “instant agreement”). Article 2 (Application of the unit price and variable coefficient) (1) The unit price for incineration facilities and food waste disposal facilities (inn) shall be applied as follows: the unit price for the installation due to the construction of the Incheon Metropolitan City Songdo Resources Environment Center, and the unit price for the site shall be as follows based on the unit price for the construction of the Songdo Resources Environment Center, and

Article 4 (Amount of Charges) The Plaintiff shall bear KRW 8,115,797,330,00 in total, the sum of facility costs and site purchase costs for the disposal of intangible waste pursuant to Article 4 of the Enforcement Decree of the Waste Promotion Act and Article 3 of the Ordinance on Charges.

The Plaintiff shall pay 50% (4,057,898,670 won) to the Defendant on December 2, 2010 (4,057,898,670 won) and shall pay the charges paid to the Defendant by the Plaintiff to the Defendant on June 2011. After entering into this agreement, the charges paid by the Plaintiff to the Defendant on June 201 shall not be later settled: Provided, That when the resident population increases due to the amendment to the development plan, the Plaintiff shall pay the re-sale of the amount of waste to the Defendant in proportion to the increase in the resident population in accordance with this Convention. Article 7 (Effect ① This Convention shall become effective from the date on which the Plaintiff and the Defendant sign and affix their seals.

F. On October 30, 2013, the Defendant received notice from Incheon Metropolitan City to impose and collect charges on the Plaintiff based on the Ordinance, other than the instant Convention.

G. Accordingly, the Defendant, on December 11, 2013, on the ground that “in the event that the installation site is not determined, the construction cost of the relevant housing site development zone should be calculated, and the charges shall not be imposed partially, even though the construction cost of the relevant housing site development zone is not determined.”

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