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1. Of the judgment of the court of first instance, the part against Plaintiff I corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On August 14, 1998, the O-divided Land Readjustment Association (hereinafter “instant association”) obtained authorization from the Ulsan Metropolitan City Mayor for the implementation of the O-divided Land Readjustment Project and establishment of an association.
B. On August 31, 1999, the head of Ulsan Metropolitan City North Korea (hereinafter “the head of the North Korea-Gu”) issued a disposition imposing the amount of KRW 8,817,841,980 on the instant cooperative for expenses incurred in installing terminal sewage treatment facilities, but the Ulsan Metropolitan City Mayor revoked the said disposition on April 19, 200 upon the administrative appeal filed by the instant cooperative.
On May 15, 200, the head of North Korea imposed on the instant cooperative KRW 5,731,776,90 on the amount borne by the sewerage charge, but upon receiving an application for re-adjustment of the charge from the instant cooperative, he/she finally adjusted and imposed the amount borne by the said amount at KRW 4,908,031,90 on May 20, 200, and the instant cooperative fully paid the amount.
C. The plaintiffs were owners who newly constructed each building (hereinafter "each building of this case") after purchasing each land as shown in the attached Table 2 from the association of this case. In the process of obtaining a building permit, the plaintiffs received a disposition of imposition of each sewage burden amount as stated in the attached Table 2 from the North Korean head of North Korean head of the Gu, such as the statement in the "sec. amount borne by the sewerage" column. The plaintiffs paid each sewage burden amount on the date indicated in the attached Table 2 column, and all of the charges paid were attributed to the Defendant's special sewerage account.
[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 to 7 (including paper numbers), the purport of the whole pleadings
2. The plaintiffs' assertion ① the association of this case, which constitutes other actors under Article 32 (2) of the former Sewerage Act (amended by Act No. 6451 of March 28, 2001), has fully paid the amount borne by the sewerage burden. Thus, the plaintiffs, who individually purchased the land from the association of this case and constructed the land individually.