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1. The Defendant’s KRW 165,244,00 for the Plaintiff and KRW 1.6% per annum from July 12, 2017 to March 18, 2018.
Reasons
1. Facts of recognition;
(a)The Korea Land and Housing Corporation is a business entity that has undertaken a housing site creation project in the Seo-gu B of Seo-gu, Chungcheongnam-gu;
B. On June 29, 2015, the Plaintiff: (a) sold from the Korea Land and Housing Corporation the land B, Seo-gu, Seoan-gu, Seocheon-gu, 1937.3 square meters; and (b) completed the registration of ownership transfer due to the said sale on August 19, 2016; and (c) on December 22, 2017, the Plaintiff newly constructed a building of the two underground floors and eight floors above the ground level on the above land and registered registration of ownership preservation.
C. Around May 27, 2017, the Defendant imposed KRW 165,244,00 on the Plaintiff for the burden of water supply (hereinafter “instant disposition”), and the Plaintiff paid the burden of water supply to the Defendant on July 11, 2017.
[Reasons for Recognition] Unsatisfy, entry in Gap evidence 1 and 2 (including provisional number), the purport of the whole pleadings
2. Article 71(1) of the Water Supply and Waterworks Installation Act provides that "a waterworks business operator may have a person who has caused expenses for the construction of waterworks (including a person who has caused new installation or extension, etc. of waterworks facilities using many tap water, such as a housing complex or industrial facilities, etc.) or a person who has operated a business or conducts that damages waterworks bear all or part of expenses incurred in the construction of the waterworks and the maintenance or prevention of damage to the waterworks facilities." Article 65(1) of the Enforcement Decree of the Water Supply and Waterworks Installation Act provides that "a waterworks business operator shall have a person who has caused expenses for the construction of the waterworks (including a person who has caused new construction or extension, etc. of the waterworks facilities using many tap water, such as a housing complex or industrial facilities, etc.) under Article 71(2) of the Act consult in advance with the person who has caused expenses for the construction or extension, etc. of the waterworks facilities."
Whether the instant disposition is lawful shall perform waterworks construction works as prescribed by the above Acts and subordinate statutes.