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(영문) 대전지방법원 2020.01.09 2018구합107458
점용료부과처분취소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

. Details of the disposition; and

A. The Plaintiff implemented a housing zone construction project at KRW 120-1, Jung-dong 120-1, Jung-dong 268, Seodaemun-gu 296-13, Sung-dong, Mapo-gu, Seoul.

B. On July 1, 2014, the Plaintiff filed an application with the Defendant for permission to occupy and use 120-1 and 68 parcel 23,823 square meters, Seongdong-dong, Mapo-gu, Seoul. On July 14, 2014, the Defendant sent to the Ministry of Land, Infrastructure and Transport a public notice stating that the detailed criteria for calculating the occupation and use fees are prepared and changed regarding the permission to occupy and use railroad facilities to a public housing project operator

[Permit to Occupy Railroad Facilities during Construction Period]

6. Occupancy and use fees: Article 23-3 (Reduction and Exemption of Fees, etc.) of the Enforcement Decree of the Special Act on the Construction of Public Housing, Etc.; however, Article 23-3 (Reduction and Exemption of Fees, etc.) of the Enforcement Decree of the National Land Register shall apply mutatis mutandis to cases where separate guidelines are prepared in the Ministry of Land, Infrastructure and Transport [Conditions for Occupancy and Use] Article 6 (Payment of Occupancy and Use Fees] (1) The occupancy and use fees shall be calculated under Article 2

Provided, That where the Ministry of Land, Infrastructure and Transport prepares separate guidelines, such guidelines shall apply.

C. On September 3, 2014, the Defendant: (a) on the part of the Plaintiff, the purpose of occupation and use of the said 69 square meters of the said 69 square meters is “presidential house, composite community construction and artificial community construction”; (b) granted the occupation and use permission for the period from June 23, 2014 to December 19, 2016; and (c) on the part of the said 69 square meters, matters relating to the occupation and use fees are as follows.

Article 22-2 (Use, etc. of Sites for Public Facilities) (1) Detailed criteria for user fees under Article 23-3 (1) of the Decree shall be as follows:

1. Public housing (including incidental facilities and welfare facilities and facilities installed and operated directly by an implementer referred to in the subparagraphs of Article 4 (1) of the Act, including public housing, after obtaining approval for a project plan under Article 35 of the Act; hereafter the same shall apply in this Article): An amount calculated by multiplying the value of the relevant property by 10/100

2. Public housing and facilities referred to in Article 23-3 (4) of the Decree;

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