A. The Plaintiff is a corporation established with the purpose of promoting the common interest of the members of the agricultural association that operates the agricultural industry under the Agricultural Cooperatives Act.

B. The Plaintiff obtained a building permit from the Defendant on October 14, 2013, in order to construct a building with a size of 2 stories and a total floor area of 1,872 square meters in general steel-frame 2, for the purpose of selling stores and repair stores of agricultural instruments on the land outside 87-3 and 5 lots, Gangnam-gu, Seoul Special Metropolitan City (hereinafter “instant building”).

C. On October 18, 2013, the Defendant imposed a sum of KRW 86,328,540 (hereinafter “instant charges”) on the Plaintiff following the receipt of a report of a drainage system and the imposition of an amount borne by borne by the Defendant, the additional imposition on November 28, 2013, and the second additional imposition on January 2, 2014. The Plaintiff paid all the amount imposed on the Plaintiff on the person responsible for the burden of sewerage (hereinafter “instant charges”). < Amended by Act No. 12248, Jan. 14, 2014; Act No. 12548, Feb. 25, 2014; Act No. 12398, Mar. 6, 20

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Article 8 of the Agricultural Cooperatives Act provides that “The business and property of a cooperative shall be exempted from surcharges other than those of the State and local governments,” and the above provision shall be applied preferentially to a special law in relation to the Sewerage Act.

In accordance with the above provision, the Defendant did not impose the instant charges equivalent to the charges on the Plaintiff, but imposed the instant charges.

Therefore, the disposition of imposition of the instant charge is unlawful as it violates the law, and its defect is so serious and clear that it is null and void. Thus, the Defendant is obligated to return the amount of 86,328,540 won, which was obtained by the said disposition that is null and void, to

B. Article 24 of the Gangseo Military Sewerage Use Ordinance enacted by delegation of the defendant Sewerage Act, etc. provides for the grounds for reduction of burden-bearing charges, and the defendant determines the case of the plaintiff.