The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. The Plaintiff was approved for use on July 21, 2015, after the Plaintiff constructed underground, cultural and assembly facilities of the third floor above ground, and Class II neighborhood living facilities (hereinafter “instant building”) on the Seo-gu, Seo-gu, Gwangju, and two parcels.

B. In accordance with Article 61 of the former Sewerage Act (amended by Act No. 17326, May 26, 2020; hereinafter the same), the Defendant calculated the amount of wastewater generated from the instant building as 122.8564 cubic meters/day (at least 10 cubic meters/day) and imposed KRW 118,065,030 on the Plaintiff on the burden of imposing the amount borne by the burden of the public sewerage on the Plaintiff.

(hereinafter referred to as the “disposition imposing charges on the amount borne by the sewerage of this case”).

On June 30, 2015, the Plaintiff paid all KRW 118,065,030 imposed on the amount borne by the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 and 5 evidence (including additional number), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion, even though the Defendant installed a private sewage treatment facility, which is a private sewage treatment facility, on condition that the Plaintiff granted a construction permit to the instant building for which the Plaintiff applied for approval of use, the Defendant imposed an amount borne by the burden of sewage burden on the date/day of 122.856 cubic meters of the total wastewater generation of the instant building

The sewage treatment area provided for in the former Sewerage Act is divided into areas where combined sewage pipes pass along and areas where separate sewage pipes pass. Article 34 of the former Sewerage Act provides that "a person who installs a building or facility that discharges sewage shall install a private sewage treatment facility, alone or jointly." Article 34 of the former Sewerage Act provides that "a person who installs a building or facility that discharges sewage shall install the private sewage treatment facility," and Article 34 proviso 2 and 3 of the former Sewerage Act provides that "in cases where wastewater is discharged through a separate sewage culvert connected to the drainage system to flow through a public sewage treatment plant and treated it," and "a combined sewage culvert in an area publicly announced as a zone subject to improvement of sewage according to the standards and procedure