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(영문) 울산지방법원 2014.11.07 2013가단51277
손해배상(기)
Text

1. The defendant

A. The Plaintiff A’s KRW 3,066,70 and the annual rate of KRW 5% from May 17, 2007 to March 4, 2013, respectively.

Reasons

1. Facts of recognition;

A. On August 31, 1999, the Defendant imposed an amount of KRW 8,817,841,980 on the charge of installing the sewage terminal treatment facilities pursuant to Article 32 of the former Sewerage Act (amended by Act No. 5914, Mar. 28, 2001) and Article 24 of the former Ordinance on the Use of Sewerage in Ulsan Metropolitan City (amended by Ordinance No. 330, Sept. 30, 199) on the F Partitioning Land (hereinafter “the instant association”).

B. The instant association asserted that the Defendant imposed an excessive amount borne by burden by applying the calculation standard for sewage generation to the imposition of the above amount borne by the Defendant, and filed an administrative appeal with Ulsan Metropolitan City, Ulsan Metropolitan City, which accepted the claim of the instant association on April 19, 200, and revoked the Defendant’s disposition imposing the amount borne by burden on the Defendant.

C. After the decision on administrative appeal of Ulsan Metropolitan City, the Defendant issued a disposition imposing the instant association the amount of KRW 5,731,776,90 as the amount borne by the sewerage burden, and the instant association filed an application for re-resolution on April 20, 2002 and finally imposed the amount borne by the Defendant at KRW 4,908,031,90 on May 20, 2002. The instant association paid the total amount of the amount borne by the sewerage burden of KRW 4,908,031,90 on the instant association.

The plaintiffs acquired the land created by the Seoul Northern-gu G and H Group from the instant association in lots, and newly built buildings for the use of neighborhood living facilities on the ground of the land, and each of the plaintiffs C, C, and C, A, B, and D obtained building permission from the defendant around 2007, around 2006.

E. At the time of granting approval for the use of each newly constructed building by the plaintiffs around 2006 and around 2007, the defendant issued a disposition imposing an amount borne by each sewerage burden on the plaintiffs (hereinafter "each of the instant dispositions"). The plaintiff A as the amount borne by the sewerage burden on the defendant, as the amount borne by the defendant, shall be KRW 3,066,70 on May 17, 2007.

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