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(영문) 대전지방법원 2017.01.13 2016가합102003
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is the implementer of a housing site development project for a multifunctional administrative city that includes a housing complex (the first village) within 2-3 living zones of the multifunctional administrative city (hereinafter referred to as the "instant housing complex").

The defendant is the managing body of the expressway on the expressway in Jin-Jak-gu (hereinafter referred to as the "Sejin-gu").

The instant housing complex, following the conclusion of the instant agreement, adjoining to the Highway 77.7km between 78.9km and 78.9km (hereinafter “instant section”), which requires noise mitigation measures according to the occupancy of the said housing complex on June 2012.

On February 2, 2012, the Plaintiff began consultations with the Defendant on the noise reduction measures in the instant section, and on March 23, 2012, the Plaintiff requested the Defendant to undertake the work of installing soundproof walls in the instant section, stating that “The design and construction of soundproof walls will proceed to the entrusted work by the Defendant according to the noise reduction measures, and the allocation of project costs, maintenance and management costs, civil petition treatment direction during construction, etc. will actively cope with the Plaintiff’s sharing of costs and civil petitions,” and the Defendant agreed to undertake the construction of soundproof walls in the instant section.

4. (Bearing of Installation Costs) Where a project is implemented by the Plaintiff after the construction of a road, the costs of installing the relevant room shall be borne by the Plaintiff; where the Defendant opens a road in the vicinity of the project site executed by the Plaintiff, the costs of installing soundproof facilities shall be borne by the

5. (Calculation of Maintenance Expenses) Where a plaintiff installs soundproof facilities within an expressway site managed by the defendant, he/she shall pay maintenance expenses for 30 years to the defendant in accordance with the standards set out in attached appointment and have the defendant maintain and manage them, and additionally required maintenance expenses for 30 years thereafter shall be borne by the defendant;

6. (Methods of Payment of Maintenance Expenses) The Defendant’s maintenance expenses under paragraph 5 are set at post-proof facilities after the completion of soundproof facilities.

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