1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is the owner of the third floor building in Seo-gu Incheon, Seo-gu.

B. On July 14, 2011, the Plaintiff prepared an “application for the payment of the amount borne by borne by borne persons” to the effect that the use of the first floor of the instant building is changed from “neighborhood living facilities” to “general restaurant,” and paid KRW 5,687,100 to the sewerage charge-bearing entity.

C. On February 12, 2013, the Plaintiff submitted an application for modification of the indication of the building to change the use of the first floor of the instant building from “living facilities in neighboring areas” to “general restaurants.” On February 14, 2013, the Defendant changed the use of the first floor from “living facilities in neighboring areas” to “Class II neighborhood living facilities (general restaurants)” in the building ledger.

Meanwhile, from April 25, 1996 to April 25, 1996, in the first floor of the instant building, general restaurants with the trade name of “E” from April 11, 2003, general restaurants with “C” and “D” from July 14, 201, and mutual general restaurants with “F” from February 21, 2013.

E. Before July 14, 201, the Plaintiff did not pay the amount borne by the sewerage burden on the first floor of the instant building.

【Ground for recognition】 Evidence Nos. 1, 2, 3, 7, Eul Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that the Plaintiff used the first floor of the instant building from around 2003 to August 19, 2013 as a general restaurant. As such, the Plaintiff did not change the use of the first floor of the instant building around July 14, 2011, on which the Plaintiff reported the business to the Defendant.

Therefore, 5,687,010 won paid by the Plaintiff is paid without legal cause, and the Defendant is obligated to return it.

B. Determination 1) Article 61(1) of the former Sewerage Act (amended by Act No. 11915, Jul. 16, 2013; hereinafter “former Sewerage Act”) of the relevant Act and subordinate statutes provides that “Public sewerage management authorities shall use sewage exceeding the amount determined by the Presidential Decree as public sewerage.”