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(영문) 인천지방법원 2018.11.01 2017구합51574
기타(건축)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a project implementer of a housing site development project for the land of 10,865,251 square meters in the long-term Dong-dong, Kimpo-si, Kimpo-si (hereinafter “Geopo-si project”), and a housing site development project for the land of 838,845 square meters in Yangpo-si, Yangpo-si, Kimpo-si, Kimpo-si, Kimpo-si, Seoul, for the land of 989,711.9 square meters in the area of 9,710 square meters (hereinafter “Mapo-si project”), and the Defendant Mayor is a public sewerage management authority that manages public sewerage pursuant to Article 18(1) of the Sewerage Act.

B. (1) On June 30, 2009, the Plaintiff entered into an agreement on the amount borne by borne by borne persons (amended by Act No. 11084, Nov. 14, 201); the same applies to the former Sewerage Act (amended by Act No. 11084, Nov. 14, 201);

Article 61 of the former Ordinance on the Use of Sewerage in Kimpo-si (amended by Ordinance of Kimpo-si, December 30, 201; hereinafter “instant Ordinance”).

() An agreement on the method, etc. for the payment of borne by borne entities under Article 21 was concluded, and part of the content of the agreement was modified on September 9, 2010, and the agreement was concluded (hereinafter referred to as the “Agreement on the Gimchi Urban Project”).

The main contents of this Convention are as follows. The purpose of this Convention is to provide for the payment method and all matters of the amount borne by the burden of borne by the plaintiff in the course of discharging wastewater generated from this project into sewage treatment facilities in accordance with Article 61 of the Sewerage Act and Article 21 of this Ordinance. Article 2 (Principle of Implementation of Projects) The defendant shall make his best to ensure that wastewater generated from this project can be discharged into and treated by the Kimpo Sewage Treatment Facility and the sewage treatment plant, and the plaintiff shall pay the amount borne by the burden calculated in accordance with the Ordinance on the Use of Sewerage in Kimpo City and the standard for imposing the amount borne by the burden of the burden of the public sewerage in accordance with Article 4 of this Convention.

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