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(영문) 대전지방법원천안지원 2020.06.02 2020가단102088
부당이득금
Text

1. The Defendant’s KRW 113,796,00 for the Plaintiff and KRW 5% per annum from April 1, 2017 to February 17, 2020 for this, and the following.

Reasons

1. Facts of recognition;

(a)The Korea Land and Housing Corporation shall be a project operator that implements housing site development projects for the two North-gu, Western-gu;

B. On June 29, 2015, the Plaintiff purchased from the Korea Land and Housing Corporation (hereinafter “instant land”) a building of the size of six stories above the ground level on the instant land on August 9, 2016, and completed the registration of ownership transfer on the instant land. On June 30, 2017, the Plaintiff newly constructed a new building of the size of six stories above the ground level on the instant land (hereinafter “instant building”).

C. On October 20, 2016, the Defendant imposed and notified the Plaintiff, the owner of the instant building, of the water supply charge of KRW 113,796,00 (hereinafter “instant disposition”), and the Defendant paid the said charge on March 31, 2017.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (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 provides that “A waterworks business operator may have a person who has caused expenses incurred in performing waterworks construction works (including a person who has caused new installation or extension, etc. of waterworks facilities, such as a housing complex and industrial facilities, etc. using a large number of tap water), or a person who has operated a business or has engaged in an act that damages waterworks, bear all or part of expenses incurred in relation to the construction of the relevant waterworks and the maintenance of the relevant waterworks facilities or for the prevention of damage to the waterworks facilities.” The former Enforcement Decree of the Water Supply and Waterworks Installation Act (amended by Act No. 27985, Apr. 11, 2017; hereinafter “Enforcement Decree of the Water Supply and Waterworks Installation Act”) Article 65(1) of the former Enforcement Decree of the Water Supply and Waterworks Installation Act (including a person who has installed a housing complex and industrial facilities, etc. with many tap water and has provided the causes for new installation or extension, etc. of waterworks facilities).

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