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(영문) 서울중앙지방법원 2016.12.16 2016가단5060894
부당이득반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On August 30, 201, the Plaintiff was established to implement the housing reconstruction project on the Seocho-gu Seoul Metropolitan Government, Seocho-gu, 92-1 and 49 parcels (hereinafter “instant reconstruction project”). The Plaintiff was authorized to implement the instant reconstruction project on April 3, 2013, and was subject to the authorization to implement the relevant reconstruction project on May 19, 201.

The Defendant installed urban gas pipelines (hereinafter “instant gas pipelines”) and supplied urban gas in the underground of the land 1036-6, Seocho-gu, Seoul Metropolitan Government, Seocho-gu, Seoul, within the business district of the instant reconstruction project.

B. On July 29, 2015, the Plaintiff requested the Defendant to remove and remove the instant gas pipelines, and to notify the Defendant of the relevant expenses in writing.

On August 13, 2015, the Defendant calculated and notified this facility to the Plaintiff as KRW 156,661,00 (excluding value-added tax) and remaining price as KRW 74,071,00 (excluding value-added tax), and the remaining price is calculated based on the gas pipeline lifespan of 30 years in accordance with international accounting standards.

C. Although the Plaintiff paid the above dual facilities to the Defendant, the Plaintiff refused payment of the remaining price by applying the lifespan of 20 years in accordance with the Seoul Special Metropolitan City Urban Gas Supply Regulations, the standards for calculating costs for supplying urban gas companies, etc.

However, without the Defendant’s consent, the Defendant notified the Defendant that “if the gas pipelines of this case were damaged or removed at will without the Defendant’s permission, the Defendant will be held liable for civil and criminal liability.”

Accordingly, on February 25, 2016, the Plaintiff could no longer accommodate the enormous damages of the association, such as the occurrence of a large number of additional costs, such as construction costs incurred by the delay, project costs, etc., and the damage caused by the loss of opportunity, and thus, the Plaintiff deposited the cost requested by the Defendant (including KRW 81,478,100, value added tax) and will proceed with the part necessary for the removal of urban gas disposal pipelines.

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