logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2020.11.12 2020가단242804
부당이득금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On April 11, 2017, the Plaintiff was engaged in the construction of expanding the 79.83 square meters of the facilities related to the motor vehicles of the lub roof, which are three parcels of land, outside Michuhol-gu Incheon, B, and three parcels of land, into the motor vehicle-related facilities of the 12th floor above the ground. On April 11, 2017, approval for the use of the said extended building was completed

(hereinafter “instant building”). B.

The use of the first floor of the building of this case is a Class II neighborhood living facility (general restaurant), the use of the second to the eighth floor is an automobile-related facility (trade site) and a train-related facility (attached parking lot), and the use of the 9 to the 12th floor and the 12th floor of the rooftop is an automobile-related facility (attached parking lot).

C. On April 4, 2017, the construction division of the Defendant Michuhol-gu Incheon Metropolitan City (hereinafter “Defendant Michuhol-gu”) calculated the volume of sewage generated per day by calculating the amount of sewage generated by a person who newly constructs or expands a building in a sewage treatment area into a sewage treatment plant pursuant to Article 61 of the Sewerage Act and Article 17 of the Incheon Metropolitan City Ordinance on Sewerage Use to impose and collect the amount borne by the burden of the burden of the public sewerage pursuant to the provisions of Article 61 of the Sewerage Act and Article 17 of the same Act. The Plaintiff calculated the volume of sewage generated by the 1st and the 8th floor of the instant building as 180.32 square meters (=12,012.33 x 15 m2/day) of the 36.42 square meters of the volume of sewage generated by the existing building (2,430.81 x 15 m2 x 180 m2/36.42/100) as the amount borne by the public sewerage amount of 130,7000/1000 square meters.

The Defendant Michuhol-gu notified the Plaintiff of the amount of wastewater generated by each use of the building and the number of persons to be treated as septic tanks (hereinafter referred to as “public notice in 2015”), and the amount of wastewater generated by use of the building partially amended on November 25, 2019 and the method of calculating the number of persons to be treated as septic tanks (hereinafter referred to as “public notice in 2019”).

arrow