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(영문) 서울중앙지방법원 2017.06.08 2016가단5179170
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 21, 2006, the Plaintiff completed the registration of incorporation on May 28, 2013 by a resolution of the board of representatives on May 28, 2013, as an association which completed the registration of incorporation in order to implement a housing redevelopment improvement project in the Dongjak-gu Seoul Metropolitan Government Black-ro 27-ro. The Defendant installed urban gas pipelines in the business district and supplied urban gas.

B. On May 20, 2008, the Plaintiff consulted with the Defendant about the remaining value of the gas pipeline as 129,301,000 won (calculated based on 20 years’ lifespan of the gas pipeline) with respect to the removal of the gas pipeline within the above business district, and completed the redevelopment project by removing the gas pipeline after paying the above money to the Defendant at that time.

[Ground of recognition] No dispute exists, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 3, the purport of the whole pleadings

2. The plaintiff's assertion is the cause of the claim in this case. The remaining value of the gas pipeline installed by the defendant and removed by the plaintiff for the redevelopment project is the amount calculated by applying the service life to 11 years, 16 years and 20 years, according to the period prescribed by the Corporate Tax Act and the Enforcement Rule thereof (11,026,894 won) or the amount calculated by deducting the depreciation costs collected by the defendant from the city gas user fees. However, the defendant calculated the remaining value of the urban gas pipeline on a unilateral basis by calculating the remaining value of the gas pipeline excessively on the basis of the plaintiff's exclusive status, without the appraisal and consultation mediation procedure as to the remaining value of the urban gas pipeline, and without the appraisal and consultation procedure as to the remaining value of the gas pipeline, it is argued that the plaintiff caused an error or non-existence of the agreement on the important part to the plaintiff. The plaintiff's remaining value of the urban gas pipeline removed by the plaintiff is calculated based on the service life of 118,274,106 won = the

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