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(영문) 서울고등법원 2015.01.15 2014누1637

손괴자부담금부과처분취소

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1. The part of the judgment of the court of first instance against the defendant shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

Details of the disposition

From September 2007, the Plaintiff promoted a housing redevelopment project by having the land size of 144 square meters in Seodaemun-gu, Seoul, Seo-gu, Seoul as a project implementation district. In order to grasp the general characteristics of the structure, geological structure, and soil quality of the ground in the process of promoting the project, the Plaintiff had the Hyd Engineering Comprehensive Certified Engineering Certified Co., Ltd. (hereinafter “Hyd Engineering”) investigate the ground of the project implementation district representative. Accordingly, A (B) who was awarded a contract from the Hyd Engineering from November 20, 2008 to December 5 of the same year conducted a drilling survey at the project implementation district from November 20, 2008 to December 20 of the same year.

On March 30, 2009, the Defendant found on March 30, 2009 that water leakage was destroyed (hereinafter “instant damage”) by a water supply supervisor buried at a point 1.5 meters underground of the Seodaemun-gu Seoul Western-dong 117-11 Road (hereinafter “instant damage site”) and found that the instant damage and water leakage therefrom occurred due to a drilling investigation by A.

9. On May 25, 2010, the Plaintiff, the main agent of a housing redevelopment project, imposed a total of KRW 68,276,80, KRW 980, KRW 989, KRW 47,685, KRW 40, KRW 87, KRW 870, KRW 80, KRW 870, KRW 870, KRW 870, KRW 870, KRW 80, KRW 208, KRW 80, KRW 80, KRW 80, KRW 80, KRW 208, KRW 80, KRW 208, KRW 80, KRW 208, KRW 250, and KRW 270, KRW 80, KRW 80, KRW 80, KRW 25,205, and KRW 97, KRW 206, KRW 275, and KRW 279,005, etc. of the Water Supply and Waterworks Act.

[Grounds for recognition] The plaintiff's assertion that the disposition of this case is legitimate, as a whole, without dispute, Gap's evidence Nos. 1, 2, 4, and Eul evidence No. 1 (including provisional number), and the purport of the whole pleading.