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(영문) 광주지방법원 2021.02.04 2020구합13127
상수도원인자부담금 부과처분 무효확인
Text

1. On April 19, 2019, the Defendant owed the Plaintiff on April 19, 2019 to the Plaintiff, 220,714.

Reasons

1. Details of the disposition;

A. On August 25, 2015, the head of Dong-gu, Gwangju Metropolitan City implemented an urban development project based on the Urban Development Act (hereinafter “instant urban development project”) on the scale of 109,460 square meters in Dong-gu, Gwangju Metropolitan City.

B. On February 23, 2017, the Plaintiff entered into a sales contract for D land within the instant urban development project zone with the head of Dong-gu, Gwangju Metropolitan City, and newly built E apartment (hereinafter “instant apartment”) on the said land.

(c)

In the process of implementing the instant apartment construction project, the Plaintiff applied for construction of water supply facilities to the Defendant, and on April 19, 2019, the Defendant imposed KRW 220,714,980 on the Plaintiff’s 483 households of the instant apartment and KRW 3,924,00 on the person who caused water supply (hereinafter collectively referred to as “instant disposition”).

On April 22, 2019, the Plaintiff paid all the charges to the person who caused the said waterworks.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. Where a building is constructed on the land created by an urban development project for plaintiff's assertion, the costs borne by the person who caused the water supply shall be borne by the implementer of the urban development project, and the constructor of the building shall not bear

must be viewed.

Therefore, the Plaintiff, who acquired the land within the instant urban development project zone and newly constructed the instant apartment, is not subject to the charge of water supply costs. As such, the defect of the instant disposition that erroneously designated the obligor is serious and clear, and thus, is null and void per annum.

3. Attached statements to the relevant Acts and subordinate statutes;

4. Determination

A. 1) In order for a defective administrative disposition to be automatically null and void, the defect must be serious in violation of the essential part of the law and objectively apparent, and the purpose, meaning, function, etc. of the law in identifying whether the defect is significant and apparent.

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