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(영문) 대전지방법원천안지원 2020.08.20 2020가단103258
부당이득금
Text

1. The Defendant: (a) KRW 37,448,00 for the Plaintiff and the Plaintiff’s KRW 1.8% per annum from April 23, 2016 to March 14, 2017; and (b) March 15, 2017.

Reasons

1. Facts of recognition;

A. On December 7, 2012, the Korea Land and Housing Corporation implemented a housing site development project (hereinafter “instant housing site development project”) on the land in Seodaemun-gu, Seodaemun-gu, Seocheon-gu, and the Plaintiff purchased from the Korea Land and Housing Corporation on or before December 7, 2012 the area of the instant housing site development project and completed the registration of ownership transfer in its name on August 26, 2016.

B. Meanwhile, the Plaintiff obtained a building permit to construct the building of the instant building and the five-story neighborhood living facilities (hereinafter “instant building”) on the instant land from the astronomical market, and completed the registration of ownership preservation on August 26, 2016 after completing the construction of the instant building.

C. On April 22, 2016, the Director of the clean Water Business Bureau, the Defendant’s affiliated organization, imposed and notified the Plaintiff of KRW 37,448,00 on the charge of water supply burden on the instant building (hereinafter “instant disposition”), and the Plaintiff paid the said charge on the same day.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination

A. 1) In order for an administrative disposition defective in the relevant legal doctrine to become null and void automatically, such defect must be objectively obvious as it violates the important part of the relevant law. In determining whether the defect is significant and apparent, the purpose, meaning, function, etc. of the relevant law should be considered from a teleological perspective and reasonable consideration of the specificity of the specific case itself at the same time (see, e.g., Supreme Court en banc Decision 2010Du10907, Feb. 16, 2012). Meanwhile, in cases where an administrative agency takes an administrative disposition by applying any provision of a law to a certain legal relation or fact, the legal doctrine that the provision of the relevant law cannot be applied to such legal relation or fact is not clearly revealed.

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