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(영문) 서울고등법원 2019.01.16 2018누60528
정수예고처분취소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Details of the disposition

The plaintiff is a company whose business purpose is the construction and operation of theme-type shopping mall business.

On October 2006, the Plaintiff completed the registration of ownership preservation with respect to the Goung-gu B World Co., Ltd. (hereinafter “instant building”), and completed the sale of some of them, and completed the registration of ownership transfer after selling all of the remainder of the instant building to the Korea Land and Housing Corporation around September 27, 2017.

The Defendant installed the water supply facilities in the instant building and supplied tap water from around May 2006, but the water users did not pay the water use fee for a total of ten months from August 201 to May 201, 201, and from September 201 to November 2017.

On December 29, 2009, the Plaintiff sent to the G management body of the building of this case a document, “A guidance on the settlement of unpaid gold,” which reads that the facility management of the building of this case was transferred from the Plaintiff to the “B management body.”

On May 21, 2013, the Yongsan City Mayor sent a public notice to the effect that “B management body,” stating, “in advance, prior notice on the disposal of the water in arrears for a long period of the water rate,” it is possible to inform that it is scheduled to take measures for the suspension of water supply (the suspension of water supply) by Article 40 of the Ordinance, etc. of the Water Supply of Many City waterworks,” which reads that “B management body,” “the main time, after full payment of the water supply charge in arrears, is disturbed.”

On November 30, 2017, on the grounds of Article 2 subparag. 4, Article 25(2), and Article 40(1)1, etc. of the Ordinance on Water Supply of Permitted-si, the Defendant sent a letter of public notice to the addressee “A” and notified him/her of the payment of unpaid water use fees by sending the notice to the addressee “A” as follows.

(hereinafter referred to as the “instant advance notice”). The instant advance notice of a water-supply charge (hereinafter referred to as the “instant advance notice”) is attached to the notice of demand and seizure/water-supply charge (A) for the payment due to the delinquency in payment of the water-supply charge and the notice of seizure/water-supply charge (A), which is permissible by the State.

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