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1. Each of the plaintiffs' claims is dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The Defendant entered into a trust contract for management and disposal with the K non-real estate trust company regarding D merchant in Young-si Area D, which is a company engaged in real estate development and implementation business, real estate sale business, etc.
B. On April 29, 2015, the Plaintiffs concluded a sales contract with the F, which entered into a trust agreement with the Defendant and the Defendant with respect to each of the first/2 shares of the KF Real Estate Trust Co., Ltd. (hereinafter “KF Real Estate Trust”) and the second floor 32 shares of the KFD located in GU-si District D (hereinafter “instant commercial building”) as the sales price for each of the first/2 shares of the 1,510,328,80 won (including value-added tax).
C. On April 26, 2016, the Defendant, including the instant shopping mall, paid the amount borne by the sewerage burden amount corresponding to sales facilities on the entire area of the instant shopping mall, and on May 27, 2016, the case real estate trust obtained approval for the use of the said DNA shopping mall and completed registration of the preservation of ownership on June 3, 2016.
The Plaintiffs paid the sale price in full, and completed the registration of ownership transfer with respect to each of the 1/2 shares among the instant commercial buildings on July 16, 2016, and received the delivery of the said commercial buildings around that time.
E. Afterwards, the Plaintiffs reported the general restaurant business at the Suwon-si Office on the instant commercial building’s location. In order to report the general restaurant business of the instant commercial building, the Suwon-si Office notified the Plaintiffs that the amount borne by the sewage burden should be additionally paid KRW 56,138,250, pursuant to Article 61 of the Sewerage Act and Article 22 of the Ordinance on the Use of Sewerage at Chicago-si.
Accordingly, on September 2, 2016, the Plaintiffs paid KRW 56,138,250 to the Water Zone Authority for the amount borne by borne by the sewerage (hereinafter “instant sewerage burden”) and completed a general restaurant business report on the said commercial building. The Plaintiffs received refund of KRW 17,124,470 from the Water Zone Authority.
(f) Article 61 of the Sewerage Act (Amount borne by a person, etc.).