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(영문) 부산고등법원 2019.08.29 2019나52921
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 6, 2013, the Plaintiff obtained approval of the housing construction project plan from a macro-market in order to implement the housing construction project for a multi-family apartment (hereinafter “instant project”) in a multi-family housing zone outside B and two parcels.

The project of this case is an urban development project under the Housing Act, accompanied by new construction, enlargement, etc. of public sewerage under Article 61 (2) of the Sewerage Act.

1. Charges imposed per cubic meter on the total project cost, including expenses incurred in installing public sewage treatment plants and project cost for sewage conduits: 1,558,850 won/metres;

3. Date of enforcement: July 1, 2013.

B. On May 2013, Article 61(3) of the Sewerage Act and Article 19 of the former Ordinance on the Use of Sewerage (amended by Ordinance No. 1095, Apr. 26, 2013) of the former Ordinance on the Use of Sewage (amended by Ordinance No. 1095, Apr. 26, 2013), the macro-city Sewerage Ordinance referred to as “Article 17” is deemed to be a clerical error in Article 19.

Pursuant to this, the unit cost per cubic meter in cubic metres was publicly announced as follows:

(A) evidence 6. (c)

On March 30, 2017, pursuant to Article 61(2) of the Sewerage Act, Article 35(2) of the Enforcement Decree of the Sewerage Act, and Article 21 of the former Ordinance on the Use of the Sewerage at macro-si (amended by Ordinance No. 1502, Nov. 29, 2016; hereinafter “instant Ordinance”), the Defendant imposed an imposition on the Plaintiff of KRW 1,750,413,310 (=42.56 square meters of daily wastewater generation amounting to KRW 442.56 square meters and KRW 3,955,200 per unit in cubic meter (i.e., KRW 442.56 cubic meters x KRW 3,955,200; hereinafter “instant Ordinance”).

(hereinafter “instant disposition”) D.

On March 31, 2017, the Plaintiff paid KRW 1,750,413,310 to the Defendant based on the instant disposition.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 5, and 6 evidence (including branch numbers if there are branch numbers), the purport of the whole pleadings

2. The attachment to the relevant Acts and subordinate statutes shall be as follows;

3. Summary of the plaintiff's assertion

A. The instant disposition is rendered.

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