부당이득금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff is the owner of the third floor building located in Seo-gu Incheon Metropolitan City (hereinafter “instant building”).
B. On July 14, 2011, the Plaintiff reported the business of the first floor of the instant building to the Defendant as a general restaurant in the name of “C” and “D”. At that time, the Plaintiff prepared an “application for the payment of the amount borne by borne by the Defendant” to the effect that the first floor of the instant building is changed to general restaurants from neighborhood living facilities to general restaurants, and paid KRW 5,687,010 to the amount borne by the burden of
C. Before that, the Plaintiff reported the general restaurant business on April 11, 2003 with the trade name “E” for the first floor of the instant building, and reported the general restaurant business with the trade name “F” from February 21, 2013 to August 19, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 7, Eul evidence Nos. 1, 2, and the purport of the whole pleadings
2. The Plaintiff asserted that the Plaintiff used the first floor of the instant building from around 2003 to August 19, 2013 as a general restaurant. As such, the Plaintiff did not change the use of the first floor of the instant building around July 14, 201, on which the Plaintiff reported the business to the Defendant.
Therefore, 5,687,010 won paid by the Plaintiff is paid without legal cause, and the Defendant is obligated to return it.
3. Determination 1) The former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013; hereinafter “former Sewerage Act”)
Article 61(1) of the former Enforcement Decree of the Sewerage Act (amended by Presidential Decree No. 25478, Jul. 16, 2014; Presidential Decree No. 25478, Jul. 16, 2014; hereinafter “Enforcement Decree of the former Sewerage Act”) provides that a public sewerage management authority may require the owners of buildings, etc. that can discharge sewage of at least the quantity prescribed by Presidential Decree into a public sewerage system to bear all or part of
In Article 35 (1), wastewater shall be newly constructed, expanded, or altered for use of a building, etc.