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(영문) 대전지방법원천안지원 2020.09.11 2020가합101419
부당이득금
Text

1. The defendant

A. Plaintiff A Co., Ltd.: (a) KRW 139,380,000 per annum from April 16, 2016 to March 14, 2017.

Reasons

1. Facts of recognition;

A. Plaintiff A Co., Ltd. was “D” and the Plaintiff’s trade name was changed to “A” on March 13, 2017.

(1) The Plaintiff A shall pay the amount borne by the water supply burden of the Plaintiff (hereinafter referred to as “Plaintiff A”) 1,757.9m2 (hereinafter referred to as “instant land 1”) located in the project district of the housing site development project implemented by the Korea Land and Housing Corporation in Seo-gu, Seo-gu, Seo-gu

(2) On August 10, 2017, Plaintiff A purchased from the Korea Land and Housing Corporation on August 29, 2014, and completed the registration of ownership transfer based on the said sale on August 22, 2016. (2) Plaintiff A newly constructed a building on the land of this case (hereinafter “instant building”) and completed the registration of ownership transfer on February 10, 2017.

3) On April 1, 2016, the Director of the Clean Water Business Bureau, the Defendant’s affiliated organization, imposed and notified the Plaintiff A of KRW 139,380,000 on the charge of water supply, which is the owner of the instant building, and the Plaintiff A paid the said charge on April 15, 2016. (b) Plaintiff B Co., Ltd. (hereinafter “Plaintiff B”).

(1) The plaintiff B is obligated to pay the amount borne by the burden of water supply to the defendant and the Korea Land and Housing Corporation (hereinafter the above 1. A.1) by aggregating the housing site development projects and the above housing site development projects.

2) The land of this case was added to the land of this case No. 1 and No. 2, and the land of this case was added to the land of this case 1 and No. 2 in the Nam-gu Seoul Metropolitan City located in the project district of the Dong-gu.

(2) On June 16, 2015, Plaintiff B purchased from Defendant and Korea Land and Housing Corporation on June 25, 2015, and completed the registration of ownership transfer based on the said sale on March 14, 2016. (2) Plaintiff B newly constructed the instant building on the land No. 2 (hereinafter “instant building”). Plaintiff B completed the registration of ownership transfer as to the instant building No. 2 on August 16, 2017.

3. On March 31, 2016, the Director of the Clean Water Business Bureau, which is an affiliated organization of the defendant.

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