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(영문) 서울서부지방법원 2017.06.22 2016가합35031
부당이득금
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 January 7, 2009, the Plaintiff was an association that implements a housing redevelopment improvement project in the Eunpyeong-gu Seoul search Dong unit, and the Defendant installed urban gas pipelines in the area included in the project district and supplied urban gas.

B. In the process of a reconstruction project, the Plaintiff requested the Defendant to remove gas pipelines in the said project district (hereinafter “gas pipelines in this case”), and the Defendant, on December 15, 2015, filed a claim with the Plaintiff for reimbursement of KRW 288,676,00 for the costs incurred from the removal of the gas pipelines in this case (i.e., the remaining value of KRW 48,122,830 for the construction cost) (i.e., the remaining value of KRW 240,553,170 for the construction cost), and the Plaintiff paid KRW 288,676,000 to the Defendant around March 2016.

(c) Relevant provisions of the Urban Gas Business Act are as follows:

Article 20 (Supply Regulations) (1) of the Urban Gas Business Act (hereinafter referred to as "supply regulations") shall prescribe the supply regulations concerning urban gas charges and other supply conditions (hereinafter referred to as "supply regulations"), and obtain approval from the Minister of Trade, Industry and Energy

The same shall also apply to any revision to approved matters.

(3) The Minister of Trade, Industry and Energy or Mayors/Do Governors shall approve supply regulations only if such regulations meet the following standards:

(4) Detailed matters concerning standards for approval under paragraph (3) shall be prescribed by Ordinance of the Ministry of Trade, Industry

The method of calculating expenses for supplying urban gas companies by item of Article 7 (Business Expenses) business expenses shall be as follows:

(2) Depreciation costs of tangible assets

1. The depreciation method and service life i) the supply facilities (referring to the main office and supply pipes under Article 2 of the Enforcement Rule of the Urban Gas Business Act, and facilities attached thereto) shall be calculated by applying the standard service life under the tax law at the time of the acquisition of the asset, while the other tangible assets shall be calculated by applying the depreciation method and service life of the business operator at the time of the acquisition of the asset (the fact that there is no dispute over the grounds for recognition, evidence Nos. 1, 2, and 1 and 2, and the purport of the entire pleadings.

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