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(영문) 춘천지방법원 2014.12.12 2014나431

부당이득금

Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The defendant is a local government that imposes a water supply and drainage fee on D Apartments located in C (hereinafter "the apartment of this case") in the original city, and the plaintiffs are the persons who have completed resident registration report and reside in the apartment of this case.

The Plaintiffs have paid the water rate when the management office of the apartment of this case divided the water rate imposed by the Defendant from the Defendant to each household.

B. The method of determining water rates 1) The Defendant’s Ordinance on Water Supply of the Hanju City (hereinafter “instant Ordinance”).

) Based on Article 19(3), the total quantity of water used for the instant apartment is measured when installing and managing one measuring instrument on the instant apartment, based on Article 29(4) of the Ordinance, the total quantity of water used for the instant apartment is divided into the number of households with resident registration reports, and the quantity of water used for each household is verified. Based on this, the unit price for the water used for the instant apartment is determined and the unit price for the water used for the instant apartment is determined and the relevant provisions of the Ordinance are as follows.

Article 19 (Use of Waterworks) (3) Buildings in which many households, such as multi-family houses and multi-family houses, reside (hereinafter referred to as "multi-family housing, etc.") shall be measured by installing one measuring instrument.

Article 26 (Fees) (1) The sum of the charges according to the rates table by type of business in attached Table 2 and the fixed amount charges by Gu and Si/Gun/Gu in attached Table 4.

Article 29 (Recognition of Quantity Used) (1) The quantity used shall be measured by water meters.

Provided, That in any of the following cases, the amount of use recognized by the Mayor shall apply:

1. Where there is an abnormal number of water meters;

2. Where the amount used is unclear;

3. Where measuring instruments by household are installed.

4. Other cases where it is inevitable to take recognized measurements. (4) Two households which fall under only one water meter and household as one water meter in one house (referring to the unit of sale in single house and apartment house).