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(영문) 의정부지방법원고양지원 2015.01.09 2014가합3085
부당이득금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs established a D Co., Ltd. and conducted a new construction project for the ground G apartment on the ground (hereinafter “instant apartment”) at the time of Pakistan (FB and nine parcels before annexation; hereinafter “instant land”).

B. Among them, the Plaintiffs newly constructed the instant apartment on the ground of the instant land with the Rose of Sharon Trust Co., Ltd. (hereinafter only referred to as the “Mugunghwa Trust”), and concluded a trust agreement with the purpose of selling the instant land and apartment as trust property. The said new construction business entity also changed from D Co., Ltd. to the Rose of Sharon Trust.

C. In July 2012, the Defendant entered into an agreement on the payment of the water supply burden on the newly constructed apartment of the instant apartment, and set the said charge as KRW 191,584,000, based on which the calculation basis was as follows. On September 3, 2012 and September 14, 2012, the Rose of Sharon trust paid KRW 191,584,000 to the Defendant over the two days.

A) A/B of the cost to be borne by the unit (A/B) of the cost of the project (A/C) x the cost to be borne by the unit (D) 57,376,00,000 won (C=E) 81,000 tons/day 708,000 won / June 6, 270.6 tons/day 191,584,000 won / day 220 households of residential facilities (urban residential housing) x 220 households x 3.0 】 0.41 square meters (daily water supply per day) = 270.6 square meters/day.

D. On September 11, 2012, the Defendant sent to the Rose of Sharon a notice on the amount borne by a sewerage burden amounting to KRW 284,815,850, the Defendant’s calculation basis was as follows. The Defendant paid KRW 284,815,850 on November 12, 2012.

- The calculation formula of the amount borne by burden = the number of households ¡¿ 3.1 】 the unit of sewage source 】 the amount borne by burden-bearing entities (H) and the number of households per ton x 220 - the unit of sewage source - 356 - the amount of sewage generation: 242 tons/day (20 households x 3.1 x 3.1 x 0.356 tons = 242 tons) - the unit price per ton : 1,176,925 - the amount borne by burden-bearing (amount of sewage generation x 1,176,925) = 284,815,850 won

E. Meanwhile, the Plaintiffs and the Rose of Sharon trust on June 10, 2013.

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