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1. The Defendant’s KRW 498,036,840 as well as the Plaintiff’s KRW 1.6% per annum from October 21, 2017 to March 18, 2018, and March 2018.
Reasons
1. Basic facts
A. B After the 3,454 square meters (hereinafter “instant land”) located in the project district of the housing site development project implemented by the Korea Land and Housing Corporation, the said land was allocated the E parcel number of the relevant land in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seoul (hereinafter “instant land”). On July 28, 2015, B purchased the said land from the Korea Land and Housing Corporation, and D Co., Ltd (hereinafter “D”) succeeded to the status of B on September 4, 2015 after purchasing the said land from B.
B. On March 30, 2016, D completely paid the sale price to the Korea Land and Housing Corporation and acquired ownership of the above land. The Plaintiff concluded a development agreement with D on the said land and constructed an officetel building (hereinafter “instant building”).
C. On September 16, 2017, the head of the clean water business office of the Defendant’s affiliated organization, asserts that the amount of the claim should be limited to KRW 452,132,00,00, as long as the Plaintiff asserts that the disposition imposing the Defendant’s water supply burden is null and void, the amount of the claim should be limited to KRW 452,132,00,00,000, which is the “amount borne by the Defendant” among the above items.
However, among the items imposed on the Plaintiff, the construction cost and fees are also imposed on the Plaintiff on the premise that the Plaintiff is obligated to install the water services facilities (the obligation to bear the burden-bearing amount) and thus, the items borne by the burden-bearing amount and the remainder should not be
This part of the defendant's assertion is not accepted.
B. A notice was imposed and collected by the Plaintiff on October 20, 2017, and the Plaintiff paid the said charges.
[Ground for recognition] Facts without dispute, Gap's statements in Gap's 1 through 3 (if there are provisional numbers, including each number, and the same as hereinafter) and the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff asserted by the parties 1 is stipulated in Article 71 (1) of the Water Supply and Waterworks Installation Act.