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1. On October 26, 2016, the Defendant imposed charges for causing traffic congestion on the Plaintiff on KRW 17,785,80,00, and KRW 4,725,502.
Reasons
1. Details of the disposition;
A. The Plaintiff is a legal entity that owns a golf course (hereinafter “instant golf course”) located in 404, Samdong-dong-ro, Ulsan-gun, Ulsan-do.
B. On October 26, 2016, the Defendant imposed charges for causing traffic congestion of KRW 17,785,80 in total on the facilities of golf courses, such as offices, warehouses, guard rooms, increase houses, employees accommodation, and Lestop, as indicated in the attached Table 1 list in the instant golf course (hereinafter “instant disposition”).
In calculating the above traffic inducement charges, the Defendant considered the traffic inducement coefficient of 0.00 from among the above facilities as “residential building” and applied the traffic inducement coefficient of 2.56 to “general restaurant” and the traffic inducement coefficient of 5.00 to “the facilities in this case” (hereinafter “the facilities in this case”) as “the driving range.”
C. On January 4, 2017, the Plaintiff filed an administrative appeal seeking the revocation of the instant disposition with the Ulsan-gu Administrative Appeals Commission, Ulsan-gu, Seoul. However, on March 15, 2017, the said commission received a dismissal ruling.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The plaintiff's assertion that the facilities of this case in Article 3-3 (1) [Attachment Table 4] 1 (C) of the Enforcement Rule of the Urban Traffic Improvement Promotion Act.
The instant disposition was made on the premise that the instant facilities constitute a golf practice range, but according to the relevant provisions, such as the Building Act, the instant facilities fall under the “sports facilities” under subparagraph 4 of attached Table 4.
Therefore, the traffic-causing coefficient (1.12) shall be applied to the instant facilities, not to the traffic-causing coefficient (5.00), which is not the traffic-causing coefficient (5.00), and the traffic-causing coefficient (1.12) of the instant facilities, which is calculated by applying the legitimate traffic-causing coefficient (1.12) among the instant dispositions, shall be revoked in an unlawful manner.
(b).