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The main claim in the lawsuit of this case shall be dismissed.
The plaintiff's preliminary claim is dismissed.
The costs of lawsuit.
Reasons
1. Details of the disposition;
A. On January 6, 2017, the Plaintiff newly constructed three buildings on the land B and C (hereinafter “instant building”) on the ground of the land B and C (hereinafter “instant building”) and completed registration of initial ownership.
B. In around 2016, the Plaintiff filed an application with the Defendant for a construction permit for the instant building, and filed a report on the installation of drainage facilities with the discharge quantity of 25.16 cubic meters (one day) calculated in accordance with the calculation method (amended by the Ministry of Environment Notice No. 2018-153, Sept. 28, 2018; hereinafter “instant public notice”) of the method for calculating the amount of wastewater generated and the number of persons subject to treatment of septic tanks for each use of the instant building (hereinafter “instant public notice”), which was in force at the time.
C. On August 23, 2016, the Defendant accepted the Plaintiff’s report on the installation of the Plaintiff’s drainage system, and on November 22, 2016, imposed a sewerage charge of KRW 55,852,230 on the Plaintiff (hereinafter “charges”).
(hereinafter referred to as “the instant disposition”). D.
On November 25, 2016, the Plaintiff paid charges of KRW 55,852,230 to the Defendant according to the instant disposition. On November 25, 2016, the Defendant notified the Plaintiff of the suitability for the completion inspection of the drainage system.
E. On November 12, 2018, the Plaintiff filed a civil petition requesting the revocation of the instant disposition (hereinafter “instant application”). On November 20, 2018, the Defendant sent a reply to the effect that the cause for revocation is not recognized to the Plaintiff (hereinafter “instant reply”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1 to 3, 3, 4, Eul evidence 1 to 5, and the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. The disposition of this case on the primary claim is as follows.
As seen in the paragraph, there is a serious and obvious defect, and thus, the invalidation is void.
Accordingly, even though the plaintiff requested the cancellation of the disposition of this case, the defendant rejected it.