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Represented the Korea Land and Housing Corporation (LH) and achieved a victory in a lawsuit seeking the cancellation of a disposition by Sejong City imposing a water supply causee burden charge of approximately 32.2 billion KRW on LH (Supreme Court, Judgment pronounced on August 18, 2023, Case No. 2023Du37568).

다음
Type
最近の業務事例
Published on
2023.08.18
This case involved an agreement signed on March 22, 2007, among the Administrative Center Complex Construction Agency, LH, and Daejeon Metropolitan City regarding the supply of tap water to the Administrative Center Complex. Under the agreement, LH and Daejeon Metropolitan City were to install water supply facilities on the outskirts of Sejong City to supply water to Sejong City, and once Sejong City was established, the construction costs were to be paid in installments over 30 years.

However, after the establishment of Sejong City, Sejong City argued that the installation of Daejeon Metropolitan City's water supply facilities became necessary due to the Administrative Center Complex construction project promoted by LH. Accordingly, based on the "Water Supply and Waterworks Installation Act," Sejong City imposed approximately 32.2 billion KRW on LH as a causee burden charge.

The most critical issue in this case was the starting point of the statute of limitations (5 years) for the causee burden charge. Sejong City argued that the charge could be imposed within five years from the completion of LH's construction project, whereas Lee & Ko, representing LH, argued that the five-year period should commence from the completion of the water supply facility installation project. The first-instance court ruled in favor of Sejong City, but the appellate court overturned this decision and ruled in favor of LH. The Supreme Court affirmed the lower court's judgment, concluding that Sejong City's disposition was illegal as it was made after the expiration of the statute of limitations.

This case is highly valuable as a precedent, as Lee & Ko's Administrative Litigation (Appeal) team established clear legal principles regarding the starting point of the statute of limitations for causee burden charges through meticulous development of legal theories, demonstrating the team's outstanding capabilities.
 
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