1. The following shall be paid among the claims for return of unjust enrichment equivalent to additional charges and increased additional charges in the judgment of the first instance.

1. In the first instance court, the Plaintiff filed a claim for the return of unjust enrichment of KRW 228,273,00 among the cost of installing waste disposal facilities, and the claim for return of unjust enrichment of KRW 29,879,040, which is the additional dues and increased additional dues. The court of first instance dismissed all the Plaintiff’s claim.

Accordingly, the Plaintiff appealed only to the portion of the additional charges and increased additional charges, which is limited to the portion of the claim for restitution of unjust enrichment of KRW 29,879,040.

2. Basic facts

A. On November 26, 2004, the Plaintiff is a project executor who implements a housing site development project upon obtaining approval for a housing site development plan for a mining area development plan for a mining name station area with respect to the 1,955,703 square meters of light-based small and medium-sized small and medium-sized river, day-to-day Dong and Ansan-si, Manyang-si, Seoyang-si, and Seoyang-si.

B. The Defendant is a local government, and in accordance with the relevant provisions of the former Act on Promotion of Installation of Waste Disposal Facilities and Assistance, etc. to their Environs (amended by Act No. 12077, Aug. 13, 2013; hereinafter “Waste Facilities Promotion Act”), and the Enforcement Decree of the same Act, Ordinance on Installation of Waste Disposal Facilities in Ansan-si, and Assistance, etc. to Adjacent-si (hereinafter “Yyang-si Ordinance”), calculated the installation charges for waste disposal facilities to treat wastes generated in the instant project district (hereinafter “the instant charges”).

C. On October 11, 2012, the Defendant imposed the instant charges on the Plaintiff, who is a project implementer, by November 30, 2012, to pay the said charges by no later than the due date. As the Plaintiff did not pay the instant charges within the due date, the Plaintiff imposed additional charges of KRW 13,581,390 on December 5, 2012, and the Plaintiff did not pay the instant charges and additional charges continuously. As the Plaintiff did not pay the instant charges and additional charges continuously, the Plaintiff imposed increased additional charges of KRW 16,297,650 on March 20, 2013.

On April 1, 2013, the Plaintiff is out of KRW 453,713,00 to the Defendant.