손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On January 20, 2001, the Mayor of Incheon Metropolitan City approved the implementation of the project by designating the developer as the Construction Headquarters of Incheon Metropolitan City (hereinafter “Construction Headquarters”) with respect to the land readjustment project in the B district as the implementer.
(hereinafter referred to as “instant project”) a land readjustment project in the district B. B.
The former Sewerage Act (wholly amended by Act No. 8014 of September 27, 2006) stipulates the amount borne by the burden of sewerage as follows:
(1) In a case where the improvement of the public sewerage is required due to the installation of drainage facilities that can exclude sewage of at least the amount determined by the Presidential Decree, the management authority of the public sewerage may have the person who installed the relevant drainage facilities bear part of the expenses for the improvement of the public sewerage.
(2) Every public sewerage management authority may have the executor of the other construction or the executor of the other construction bear, in whole or in part, the expenses for the construction on the public sewerage necessitated due to the other construction works or other acts (referring to acts other than the construction works affecting the public sewerage; hereinafter the same shall apply) or have
(5) Necessary matters concerning charges under paragraphs (1) through (4) shall be prescribed by Municipal Ordinance of the relevant local government.
C. The former Incheon Metropolitan City Ordinance on the Use of Sewerage (amended by Incheon Metropolitan City Ordinance No. 3503, Jan. 8, 2001) prescribed the following with respect to the amount borne by the burden 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 public sewerage required by other works or actions as provided in Article 32 (2) of the Act; and