The judgment below

The part against the plaintiff is reversed, and that part of the case is remanded to the Seoul High Court.

The defendant.

The grounds of appeal are examined.

1. As to Defendant’s ground of appeal

A. According to Article 6(1) and (2) of the former Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 13170, Feb. 3, 2015; hereinafter “Waste Facilities Promotion Act”), Article 4(1) and (2) of the Enforcement Decree of the Act on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (hereinafter “Enforcement Decree of the Waste Facilities Promotion Act”), a person who intends to develop a multi-family housing complex or housing site with a formation area of at least 30,000 square meters (hereinafter “project operator”) shall pay an amount equivalent to the installation cost of incineration facilities and food waste disposal facilities for treating wastes generated from the apartment complex or housing site, or a person who intends to install waste disposal facilities for disposing of wastes generated from the relevant multi-family housing complex or housing site (hereinafter “amount equivalent to installation cost”), and the Mayor, etc. shall use

According to Article 4 (3) and (4) of the Enforcement Decree of the Waste Facilities Promotion Act, the amount of the cost for installation shall be calculated by dividing the cost for the purchase of the site for facilities and the cost for the installation of facilities, but other necessary matters concerning the calculation of the amount to be paid shall be prescribed by the

Article 3 (1) of the former Ordinance on the Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (Amended by Ordinance No. 799, Nov. 9, 2015; hereinafter referred to as the "Ordinance of this case") that sets the standards for calculating the amount corresponding to the installation cost upon delegation of the said Ordinance, shall be construed as the "Ordinance of this case") to cover the expenses for the purchase of the site for the site for the facilities (hereinafter referred to as the "Ordinance of this case").