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(영문) 대전지방법원천안지원 2020.09.11 2020가합101457
부당이득금
Text

1. The Defendant shall pay to the Plaintiff KRW 234,132,00 and KRW 1.8% per annum from May 9, 2018 to March 19, 2019, and from March 20, 2019.

Reasons

1. Facts of recognition;

A. On June 30, 2015, the Plaintiff purchased from the Korea Land and Housing Corporation on June 30, 2015, B large 3,171.4 square meters (hereinafter “instant land”) located in the project district of the housing site development project implemented by the Korea Land and Housing Corporation (hereinafter “instant housing site development project”), and completed the registration of ownership transfer on December 26, 2017.

B. The Plaintiff newly constructed a building on the instant land (hereinafter “instant building”), and completed registration of initial ownership on July 11, 2018.

C. On May 2, 2018, the Director of the Clean Water Business Bureau, the Defendant’s affiliated organization, imposed and notified the Plaintiff, the owner of the instant building, the amount borne by water supply capacity of KRW 234,132,00 (hereinafter “instant disposition”), and the Plaintiff paid the said charges on May 8, 2018.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including branch numbers), and the purport of the whole pleadings

2. Determination

A. 1) In order for an administrative disposition defective in the relevant legal principles to become null and void automatically, such defect must be objectively obvious as it violates an important part of the relevant law. In determining whether a defect is significant and apparent, the purpose, meaning, function, etc. of the relevant law should be examined from a teleological perspective, as well as reasonable consideration of the specificity of the specific case itself (see, e.g., Supreme Court en banc Decision 2010Du10907, Feb. 16, 2012). Meanwhile, in cases where an administrative agency takes an administrative disposition by applying a certain provision of a law to a certain legal relation or factual relationship, if there is room for dispute over the interpretation of the law because the legal principle that the provision of the law cannot be applied to such legal relation or factual relations is not clearly revealed, it shall also be interpreted by erroneous interpretation of the administrative disposition.

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