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(영문) 인천지방법원 2015.06.25 2014나56355

부당이득금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked, and

Reasons

1. Basic facts

A. The amendment of the Incheon Metropolitan City Ordinance on the Use of Sewerage (wholly amended by Act No. 8014, Sep. 27, 2006) provides that the amount borne by the installation of sewerage was as follows. Article 32 (Amount borne, etc.) of the former Sewerage Act (wholly amended by Act No. 8014, Sep. 27, 2006) (1) In a case where the improvement of a public sewerage system is necessary due to the installation of drainage facilities that can exclude sewage of at least the amount determined by the Presidential Decree, a public sewerage management authority may impose part of the cost on the installer of the relevant drainage facilities.

hereinafter the same shall apply.

(5) The former Incheon Metropolitan City Ordinance on the Use of Sewerage (amended by the Incheon Metropolitan City Ordinance No. 3503 of Jan. 8, 2001) prescribed the following for the burden-bearing of sewerage under Article 32(2) of the former Sewerage Act.

Article 18 (Amount Borne by Responsible Persons) (2) The amount borne by borne by responsible persons referred to in paragraph (1) of the Gu Incheon Metropolitan City Ordinance on Sewerage Use (amended by Incheon Metropolitan City Ordinance No. 3503, Jan. 8, 2001) shall be calculated in accordance with the following standards:

2. The whole expenses for the construction work on the public sewerage necessitated due to other construction works or acts as provided in Article 32 (2) of the Act shall be borne by the executor of the said other construction works or the actor; and

(b) Public sewerage works by other acts: the following cases are required due to acts other than public sewerage: