logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2020.11.20 2019가합105309
부당이득금
Text

The defendant shall pay to the plaintiff KRW 232,38,00, and 1.6% per annum from November 16, 2017 to March 18, 2018, and from March 19, 2018.

Reasons

1. Facts of recognition;

A. A limited liability company B (hereinafter referred to as “B”) purchased from the Korea Land and Housing Corporation on October 5, 2015, a land lot number of the said land is D, 7,145 square meters in Seo-gu, Seo-gu, Chungcheongnam-gu, Seoul (hereinafter referred to as “the instant housing site development project”) located in the project district of the housing site development project implemented by the Korea Land and Housing Corporation (hereinafter referred to as “the instant housing site development project”).

B. On September 23, 2016, the Plaintiff, B, and the Korea Land and Housing Corporation concluded a sales contract with the Korea Land and Housing Corporation on October 5, 2015 with respect to the said land on which the Plaintiff (4,702/7,144.2 equity), and B (2,42.2/7, 144.2 equity) agreed to succeed to all rights and obligations under the said sales contract. On the same day, the Plaintiff and B completed the registration of ownership transfer for each of the above shares of the said land on the same day.

C. Since then, the said land was divided into the area D 2,42.5 square meters and E large 4,701.7 square meters (hereinafter “instant land”). On November 8, 2016, the Plaintiff completed the registration of ownership transfer based on the partition of co-owned property on the instant land transferred to the Plaintiff.

The Plaintiff newly constructed the instant building on the instant land (hereinafter referred to as “instant building”), and completed registration of initial ownership on May 23, 2018.

E. On October 18, 2017, the Director of the Clean Water Business Bureau, the Defendant’s affiliated organization, imposed and notified the Plaintiff, the owner of the instant building, of KRW 232,38,00 on the charge of water supply burden (hereinafter “instant disposition”), and the Plaintiff paid the said charge on November 15, 2017.

【Ground of recognition】 The fact that there is no dispute, entry of Gap's 1 through 6 (including branch numbers, if any) and the purport of whole pleadings

2. Determination

A. In order for an administrative disposition to be automatically null and void due to defects in relevant legal principles as to whether the disposition in this case is null and void, the defect is a significant violation of the relevant legal provisions.

arrow