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(영문) 대구지방법원 2017.01.17 2016구합22225
하천수 사용료 추가납부처분 취소청구의소
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. Since its establishment on May 2, 1951, the Plaintiff was a juristic person that established Yeongdeungpo-gu Co., Ltd. (hereinafter “instant refining”) on the Yancheon-gun, Chungcheongnam-do and has engaged in the business of refining tobacco by refining mineral products.

B. In operating the instant refining station, the Plaintiff obtained permission to use river water from the Nakdong River Flood Control Center in order to produce gyrings, and paid the fees according to actual usage. On May 18, 2016, the Defendant imposed the Plaintiff a total of KRW 251,271,350 for the last five years, on the ground that “the standards for imposition of usage fees under Article 50(5) of the River Act shall not be the actual usage of river water, but shall be imposed in the permitted volume” (hereinafter “instant disposition”).

1,000 47.93, 192, 438, 950 127, 991,070 64,447,80, 880 11,00 438,438,950 192,438,950 134,939,90 57,490 57,499,499,050 2013,11,0050 2050 3201,954,50 507,504,507,500 1594,507,500 159,466,5804, 2014, 2005, 205, 2005, 2005, 2005, 2014, 2014,504,505,7105,7405

C. The Plaintiff appealed and filed an administrative appeal. However, on September 26, 2016, it received a decision of dismissal from the Superiorbuk-do Administrative Appeals Commission.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 2, Eul's evidence 4, the purport of whole pleading

2. Whether the instant disposition is lawful

A. The Plaintiff’s assertion 1) Since there is no statutory provision under which the usage fee of river water should be imposed on the basis of the permitted volume, the Defendant cannot impose the usage fee arbitrarily according to the permitted volume. 2) It should be deemed that there was an agreement between the Plaintiff and the Defendant to impose the usage fee of river water according to the

Even if the user fee for domestic river water should be imposed on the basis of the permitted quantity, it shall be river water before the disposition of this case.

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