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(영문) 서울남부지방법원 2019.06.20 2018나64519
부당이득금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff used the building of this case as a transformation station under divided ownership of the 7th and the 1st (435.19/1000 shares) underground among the buildings located in Geumcheon-gu Seoul Metropolitan Government (hereinafter "the building of this case"). The defendant manages the building of this case under divided ownership of the 6/10 shares of part of the 1st and the 10th (564.81/100 shares) above the ground among the buildings of this case.

B. The director of the Seoul Southern Waterworks Business: (a) imposed the water charge on the Defendant for the entire building of this case; and (b) the Plaintiff paid the amount claimed by the Defendant as the water charge from July 2013 to September 2016.

C. Water charges consisting of (1) water charges, (2) water charges, and (3) water use charges. Water supply charges, sewerage charges, and water use charges (hereinafter referred to as “water supply and sewerage charges”) are imposed in proportion to the volume of water used, and charges for disposal of groundwater are imposed in proportion to the volume of water used, and charges for disposal of groundwater are imposed in proportion to the volume of groundwater discharged.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1, 4 through 25, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant claimed that the Plaintiff claimed the amount equivalent to the Plaintiff’s share ratio (hereinafter “Plaintiff’s groundwater charges”) out of the expenses for the disposal of groundwater (hereinafter “total underground water charges”) imposed on the instant building (hereinafter “total underground water charges”), and the amount equivalent to the Plaintiff’s share ratio of the water supply charges out of the remainder, which remains after deducting the Plaintiff’s groundwater charges from the total water supply charges, out of the amount that remains after deducting the Plaintiff’s groundwater usage charges.

The Plaintiff’s water supply and sewerage charges claimed by the Defendant = [total water rates - Plaintiff’s groundwater charges (total groundwater charges x Plaintiff’s equity ratio) 】 the amount of Plaintiff’s water supply / total amount of water supply. However, the sectional owners of the instant building regarding groundwater charges out of the total water supply charges.

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