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1. The Defendant’s KRW 38,184,00 for the Plaintiff and KRW 1.8% per annum from September 23, 2016 to March 14, 2017, and the following.
Reasons
1. Facts of recognition;
(a)The Korea Land and Housing Corporation is a business entity that has undertaken a project to create housing sites, such as commercial land in the Seo-gu Incheon Metropolitan City Cdong area;
B. On August 31, 2016, the Plaintiff: (a) purchased the pertinent land from the Korea Land and Housing Corporation in Seo-gu, Seo-gu, Seo-gu; and (b) completed the registration of ownership transfer; and (c) newly constructed a building of two underground and five stories above the ground (hereinafter “instant building”) on August 18, 2017 on the ground of the said land and completed the registration of ownership transfer; and (b) registered ownership preservation.
C. On August 26, 2016, the Defendant notified the Plaintiff, a project owner, of the payment of KRW 38,184,00 for the burden of water supply, and the Plaintiff paid the said charge on September 22, 2016.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, 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 shall be the expenses incurred in performing waterworks construction works as prescribed by the aforementioned statutes.