부당이득금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
- The Plaintiff is a non-corporate group organized to establish and operate urban gas supply pipelines in the instant area with residents of 565 households in Gwangju-si E (hereinafter “instant area”).
- Around August 2015, F Co., Ltd. (hereinafter “F”) concluded that F Co., Ltd. (hereinafter “F”) would not raise any objection, instead of allocating 18.1% of the costs of construction annexed to the instant regional urban gas supply pipelines, upon completion of the supply pipelines, F would have the right to manage the said supply pipelines, and F would not add the above supply pipelines to the above supply pipelines or supply urban gas by quarterly the existing pipelines.
- Accordingly, the Plaintiff’s members paid the share of KRW 1,950,000 per household for the costs necessary to establish the instant regional gas supply pipelines, and paid the total amount of KRW 900,170,370 per household to F, and around February 2016, urban gas supply pipelines with total length of KRW 2,524 meters in the instant area (hereinafter “instant pipelines”).
- Defendant B is the owner of G 323 square meters, H 239 square meters, and 219 square meters prior to I.D., which is the neighboring land where the instant pipe was attached.
- Defendant C is the owner of a plot of land with J 490 square meters and K 511 square meters, which is the neighboring land of the land where the instant pipe was attached.
- Defendant D is an owner of at least 204 square meters prior to Gwangju City, which is a neighboring land where the pipes of this case were attached.
- The Defendants newly built five multi-households (total 38 households; hereinafter referred to as "the Defendants' houses") on the ground of the above six parcels.
- The Defendants requested F to supply urban gas to the Defendants’ housing; F, on July 3, 2017, on condition that the Defendants bear total construction costs and transfer all rights to urban gas supply pipelines connected to the Defendants’ housing to F, approved the construction of the Defendants’ housing supply pipelines connected to the Defendants’ housing in the instant piping.