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On May 16, 2018, the Defendant’s imposition of the water supply cost of KRW 82,872,100 against the Plaintiff exceeds KRW 411,695.
Reasons
1. Details of the disposition;
A. The plaintiff is residing in Seocho-si B.
B. Although the area where the Plaintiff’s housing is located is included in the water supply area in accordance with the “Master-do Water Maintenance Master Plan (Modification)” published around February 20, 2018, water supply is not supplied due to the failure to install drainage facilities necessary to supply tap water.
C. On April 9, 2018, the Plaintiff filed an application with the Defendant for approval of “water supply construction works” pursuant to Article 9 of the Jeju Special Self-Governing Province Ordinance on Water Supply (hereinafter “instant Ordinance”).
The Defendant-affiliated C calculated the “water supply construction cost” at KRW 82,872,100, and on May 16, 2018, imposed the said amount as the “water supply construction cost” when approving the water supply construction work on the Plaintiff.
(hereinafter referred to as “instant disposition”), . [Grounds for recognition] . [In the absence of dispute, each entry in Gap evidence Nos. 1, 2, 5, and 6 (including each number), and the purport of the whole pleadings.
2. Although the Defendant, a waterworks business operator, bears the expenses incurred in installing the water supply facilities except for the “water supply facilities” pursuant to Article 70 of the Water Supply and Waterworks Installation Act, the Defendant notified that the Defendant should pay the Plaintiff the expenses incurred in installing the water supply facilities exceeding the construction cost for the water supply facilities to be borne by the Plaintiff, which in violation of Article 70 of the Water Supply and Waterworks Installation
3. Attached statements to the relevant Acts and subordinate statutes;
4. Determination
A. Article 3 subparag. 5 of the Water Supply and Waterworks Installation Act provides that "the term "the whole facility of supplying raw water or processed water using pipes and other structures" means the whole facility of supplying raw water, and Article 3 subparag. 17 of the same Act provides that "the term "water supply facilities" means the water intake, the water reservation, the water reservation, the water purification, the water conveyance, the drainage, the water supply and drainage, the water supply facilities and other facilities related to the water supply," while subparagraph 24 of the same Article provides that "water supply facilities" shall mean the general consumers.