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(영문) 부산지방법원 2015.10.29 2015구합418
상하수도요금부과처분취소
Text

1. The Defendant’s waterworks charges of KRW 13,037,90 for the Plaintiff on December 16, 2014, and the sewerage charges of KRW 13,218,010 for the Plaintiff;

Reasons

1. Details of the disposition;

A. The Defendant is the head of the Jung-gu Busan Metropolitan City and the head of the main office of water supply business in the Busan Metropolitan City, which processes matters concerning water supply construction works, inspection of water supply facilities, imposition, collection, inspection, and adjustment of water rates in the Dong-gu, with the authority delegated by the head of the Busan Metropolitan City. The Defendant means that, from April 10, 2014 to December 15, 2014, the Defendant passes through 30 to 25 square meters of the average flow quantity of the block (from April 10, 2014 to December 15, 2014, five blocks within the jurisdiction of the main office of the water supply business center, and the area installed with 22 blocks) operated by the Plaintiff [the business entity entrusted with the duty of monitoring flow in the zone established with 15 blocks in the jurisdiction of the main office of the business office; hereinafter “the Plaintiff shall be located in Busan Metropolitan City and Dong-gu; hereinafter “the Plaintiff’s person who is supplied with or is supplied with tap water” (see Article 2 subparagraph 1 of the Busan Metropolitan City Ordinance).

B. Accordingly, on November 7, 2014, the Defendant suspected of water leakage (hereinafter “water leakage phenomenon”) in the C block, and found water leakage points in the C block several times from September 1, 2014, the Defendant confirmed that the Plaintiff’s accommodation, on November 7, 2014 (hereinafter “water supply measuring instrument of this case”), rapidly turning the shape guidance within the water supply measuring instrument (hereinafter “water supply instrument of this case”), and at the time, confirmed that the water supply measuring instrument of this case is 9,111 square meters.

(Defendant employees visited the Plaintiff’s accommodation once again on November 10, 2014, and finally confirmed that the guidelines for the instant waterworks measuring instruments are 9,111 square meters).

Since then, the defendant diagnosed the possibility of water leakage of the plaintiff's acceptance and the normal operation of the water measuring instrument of this case, etc., and then the problem of water leakage or the problem of the consent to the malfunction of the water measuring instrument of this case is not discovered in the indoor pipes cracks of the plaintiff. However, the water supply system is not established.

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