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1. The Defendant’s KRW 50,576,00 for the Plaintiff and KRW 1.6% per annum from November 26, 2017 to March 18, 2018.
Reasons
1. Facts of recognition;
(a)The Korea Land and Housing Corporation is a business entity that has undertaken housing site creation projects in the Seongbuk-gu Seoul Special Metropolitan City D;
B. On December 9, 2013, the Plaintiff: (a) purchased from the Korea Land and Housing Corporation a building of three stories below ground and five stories below ground; and (b) completed the registration of ownership transfer based on the above sale on December 8, 2016; and (c) completed the registration of ownership transfer based on the above sale, on June 8, 2018, the Plaintiff newly constructed a building of five stories below ground and above ground on the above land.
C. On November 20, 2017, the Defendant imposed the Plaintiff a water supply charge of KRW 50,576,00 on the Plaintiff (hereinafter “instant disposition”), and the Plaintiff paid the amount borne by the water supply charge to the Defendant on November 25, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Article 71(1) of the Water Supply and Waterworks Installation Act provides that "a waterworks business operator may have a person who has caused expenses for the construction of waterworks (including a person who has caused new installation or extension, etc. of waterworks facilities using many tap water, such as a housing complex or industrial facilities, etc.) or a person who has operated a business or conducts that damages waterworks bear all or part of expenses incurred in the construction of the waterworks and the maintenance or prevention of damage to the waterworks facilities." Article 65(1) of the Enforcement Decree of the Water Supply and Waterworks Installation Act provides that "a waterworks business operator shall have a person who has caused expenses for the construction of the waterworks (including a person who has caused new construction or extension, etc. of the waterworks facilities using many tap water, such as a housing complex or industrial facilities, etc.) under Article 71(2) of the Act consult in advance with the person who has caused expenses for the construction or extension, etc. of the waterworks facilities."
Whether the instant disposition is lawful or not, as prescribed by the above Acts and subordinate statutes.