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(영문) 대전지방법원천안지원 2020.08.18 2019가단119684
부당이득금
Text

1. The Defendant: (a) KRW 18,748,00 for Plaintiff A Co., Ltd. and its amount from August 17, 2017 to Plaintiff B; and (b) KRW 27,468 for Plaintiff B.

Reasons

1. Facts of recognition;

(a)The Korea Land and Housing Corporation shall be a business entity that has undertaken housing site creation projects at the Filwon-gu, Seoan-gu, Seocheon-gu;

B. On June 2, 2017, the Plaintiff Co., Ltd.: (a) purchased from the Korea Land and Housing Corporation on June 2, 2017 a 755.1 square meters of land in Seoan-gu, Seoan-gu; and (b) completed the registration of ownership transfer; and (c) newly constructed a 1st and 5th ground-based building on the above land on March 29, 2018

C. On January 3, 2017, Plaintiff B obtained sale from the Korea Land and Housing Corporation and completed the registration of transfer of ownership, the Plaintiff B built the first floor and the fifth floor building on the above land on January 18, 2018, and registered the ownership transfer. D.

Plaintiff

C On January 3, 2017, the Korea Land and Housing Corporation acquired from the Korea Land and Housing Corporation on a scale of 1/2 and completed the registration of ownership transfer with respect to each of the shares of 1/2 shares, and on January 17, 2018, registered the preservation of ownership with respect to H and/or 1/2 shares of each of the shares on the above land.

E. The Defendant imposed KRW 18,748,00 on the Plaintiff Company A, KRW 27,468,00 on the Plaintiff Company B, and KRW 27,468,00 on the Plaintiff C respectively. The Plaintiff Company paid KRW 27,468,00 to the Plaintiff Company A on August 16, 2017, Plaintiff C on November 6, 2017, and Plaintiff B on November 7, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including additional number; hereinafter the same shall apply) and the purport of whole pleadings

2. Article 71 (1) of the Water Supply and Waterworks Installation Act as to the legality of the instant disposition means all or part of the expenses incurred by a person who has incurred expenses for the construction of waterworks (including a person who has caused new installation, extension, etc. of waterworks facilities by installing a housing complex, industrial facility, etc. which use a large number of tap water), or a person who has operated a business or conducts an act that causes damage to waterworks facilities.

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