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(영문) 대전지방법원천안지원 2020.09.23 2020가단107038
부당이득금
Text

1. The Defendant’s KRW 45,780,00 for the Plaintiff and KRW 1.8% per annum from June 12, 2018 to March 19, 2019.

Reasons

1. Basic facts

A. The Plaintiff purchased from the Korea Land and Housing Corporation on December 26, 2012, the land of this case on August 11, 2016, and completed the registration of ownership transfer based on the said sale on the instant land.

B. On October 18, 2018, the Plaintiff newly constructed a five-story building on the ground of the steel reinforced concrete roof (hereinafter “instant building”) on the instant land, and completed the registration of initial ownership on the instant building.

C. Meanwhile, the head 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 45,780,00 (hereinafter “instant disposition”), and the Plaintiff paid the said charges on June 11, 2018.

【Ground for recognition】 The fact that there is no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. Judgment on the plaintiff's claim

A. 1) The Plaintiff asserts that the disposition of this case is null and void, asserting that there is a defect that has mistakenly designated the other party, and that the defect is serious and clear, and that the disposition of this case is null and void, and that the disposition of this case is filed against the Defendant for payment of the amount borne by the water supply burden paid by the Plaintiff due to unjust enrichment and the delay damages therefor. 2) The Defendant’s disposition of this case imposing the amount borne by the water supply burden on the owner of the building constitutes a case where there is room for dispute over the interpretation of the statutes, and thus, it cannot be deemed that the defect is serious and obvious.

B. To ensure that an administrative disposition defective in the relevant legal doctrine as to the invalidity of the instant disposition becomes null and void as a matter of course.

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