부당이득금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is an organization consisting of occupants representatives of Busan-gu A apartment (hereinafter “instant apartment”) where the occupancy was commenced on or around December 1993. The Defendants shared a building in D (hereinafter “instant apartment”) and operate “E (hereinafter “E”) on the 2 and 3th floor of the building from October 197 to October 1997.”
B. Collaboration Construction Co., Ltd., a contractor for the construction of the instant apartment and building, installed a underground water pipe at a place less than 20 meters away from the retaining wall of 108 apartment of this case from April 1994 to October 197, and supplied underground water to the said apartment from around October 1997, and supplied underground water as well as underground water to the instant bath. On January 2015, the Busan Jin-gu Office, a competent authority, discontinued on the ground that the said underground water pipe was not reported.
C. In addition, on August 11, 2015, the Busan Jin-gu Office imposed on the apartment of this case KRW 530,400 (the average monthly usage volume of KRW 26 cubic meters) and on the bath of this case the user fee of the public sewerage of KRW 33,823,200 (the average monthly usage volume of KRW 1,658 cubic meters).
On the other hand, on March 13, 1998, the Plaintiff decided to impose KRW 230,000 per month on the ground of electric utility charges for the use of the instant bath water (hereinafter “instant decision on imposition”). Accordingly, the Defendants paid KRW 230,00 per month from March 198 to September 2013.
In addition, from September 9, 2013 to May 2014, the Defendants installed an individual electrical measuring instrument on the instant bath at the Plaintiff’s request, and paid the Plaintiff the total amount of KRW 9,736,880 to the Plaintiff’s side. From May 9, 2014, the Defendants directly paid the electricity fee after completing the electrical survey work.
[Ground of recognition] The fact that there is no dispute, Gap's 1 to 9 evidence, Eul's 1 to 5 evidence and video (including paper numbers), the whole purport of pleading
2. Determination:
A. The gist of the parties’ assertion is that the Defendants set forth in the instant imposition decision.