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(영문) 대전지방법원 서산지원 2018.08.21 2018가단51985

발전기금등반환청구

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff was a corporation for the purpose of reinforced concrete construction business, housing construction business, etc., and collected earth and rocks from around 2007 to around 3, 199, respectively.

The defendant is the head of Chungcheongnam-gun, Chungcheongnam-gun.

B. After having taken office on April 2014, the Defendant requested the Plaintiff to pay KRW 200 million of the Village Development Fund in relation to permission to collect earth and stones.

Accordingly, the Plaintiff paid KRW 100 million among April 2014 and KRW 100 million on November 30, 2014.

C. However, on May 2014, the Plaintiff did not pay more than KRW 50 million to the village manager E’s account. Around July 28, 2014, the Defendant sent a content-certified mail to the effect that the village association would take measures, such as filing a petition or provisional injunction against construction, without paying KRW 150 million to F, who was the representative of the Defendant as of July 28, 2014 under the name of this Chapter.

On March 4, 2015, the Plaintiff sent KRW 75 million to the village general manager G account. If the remainder of KRW 75 million is not paid until April 15, 2015 on the same day, the Plaintiff sent to the Defendant a notary public’s completion certificate stating that the Plaintiff will accept the provisional disposition for discontinuance of construction after the lapse of 10 days thereafter.

However, even after the expiration of April 15, 2015, the Plaintiff did not pay additional money to the Defendant or the Do Council.

E. Around September 29, 2017, the Defendant filed a civil petition with the Taean-gun under the name of the Dongi resident’s consent.

The purpose of the civil petition is to oppose the permission for re-extension after the expiration of the contract period as the damage to residents occurs due to noise and vibration dust.

F. On January 17, 2018, the Plaintiff sent content-certified mail to the Defendant. The main content is that the Defendant promised to pay KRW 1130,000,000,000,000, including the Development Fund and the house damage forecast money, etc., around December 21, 2017, the Defendant paid the amount until January 22, 2018.

[Based on recognition] Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 1 to 4, the whole pleadings.