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(영문) 춘천지방법원영월지원 2016.04.07 2015가합269

부당이득금 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 15, 201, the Plaintiff built a main apartment (hereinafter “instant apartment”) on the ground of the 53rd Seo-gu, Young-gu, Young-gu, Gangwon-gu, Seoul with a building permit granted from the Defendant on February 15, 201, and obtained approval for the use of the instant apartment on May 23, 2013.

B. On August 20, 2012, the Defendant imposed on the Plaintiff KRW 1,532,034,320 on the basis of the following: (a) the amount borne by the Plaintiff for the generation of daily wastewater as reported by the Plaintiff pursuant to Article 61(1) of the former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013; hereinafter “former Sewerage Act”) and Article 21 of the Ordinance on the Use of the Military Sewerage (hereinafter “instant Ordinance”) on the basis of the following: (b) the Defendant imposed the amount borne by the Plaintiff on the Plaintiff based on a 587.5m square meters of the amount of daily wastewater generated by the Plaintiff; (c) on March 1, 2013 by changing the amount of wastewater generated by the Plaintiff to a 357,804,980 won on March 11, 2013.

On April 19, 2013, the Plaintiff paid the above amount to the Defendant.

(c) Relevant statutes are as listed in the annexed sheet.

[Basis] Facts without dispute, Gap evidence 3-2, Gap evidence 11-1, Eul evidence 3-6, 10-1, 10-2 and the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The disposition imposing an amount borne by the Defendant for the return of unjust enrichment on the Plaintiff is unlawful on the following grounds: (i) and (ii) and its defect is so serious as to be null and void; (ii) the Defendant is obligated to return the amount borne by the Plaintiff to the Plaintiff as unjust enrichment.

① Since the Plaintiff did not newly construct or rebuild the sewage terminal treatment plant of Yeongdeungpo-gun, which is a public sewerage due to the construction of the instant apartment, the Plaintiff does not constitute a polluter under Article 61 of the former Sewerage Act. Therefore, the Defendant is prohibited from imposing an amount borne by the Defendant on the Plaintiff.

② Article 21 of the Ordinance of this case, which provides the basis for the imposition of charges on the Plaintiff, shall be borne by the burden of the Plaintiff at the time of granting permission, such as new construction of buildings.