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(영문) 수원지방법원성남지원 2019.07.26 2018가단219146

부당이득금

Text

1. The Defendant’s KRW 780,982 as well as the Plaintiff’s annual rate of 5% from March 29, 2019 to July 26, 2019.

Reasons

Facts of recognition

A. The Seongdong-gu Mayor designated the Plaintiff as the implementer of the Sung-nam Housing Redevelopment Project (hereinafter “instant rearrangement project”), which will be implemented in the area of 233,366 square meters in the Jung-gu, Sung-gu, Sung-gu, Sung-gu, Sung-nam City (hereinafter “instant rearrangement project”), and announced it.

on December 4, 2009, the Sungnam City approved the implementation plan of the instant rearrangement project and announced it on the same day, and on February 5, 2016, the modification plan of the implementation plan of the instant rearrangement project was approved as E.

The Plaintiff established a management and disposal plan for the instant improvement project, and on November 7, 2016, the Sungnam City approved the said management and disposal plan as the F Public Notice of Sung-nam City.

B. The Defendant occupied the part (A) of the land surface of the building as indicated in the attached Table 1 List No. 1 (hereinafter “the ground floor of the instant building”) from July 17, 2018 following the Plaintiff’s expropriation, as the colon, who is the owner of the building as indicated in the attached Table No. 1 List No. 1, located within the instant rearrangement project zone.

C. In relation to the instant improvement project, the Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee, and on February 8, 2018, the Central Land Expropriation Committee determined the commencement date of expropriation on March 28, 2018 and rendered adjudication of expropriation on the instant building.

On March 27, 2018, the Plaintiff deposited the expropriation compensation in accordance with the above expropriation ruling, and acquired the ownership of the instant building on March 28, 2018.

Where the instant floor of the building is leased without a deposit, rent is KRW 1,569,000 from March 28, 2018 to November 5, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, result of a request for appraisal of rent against appraiser G, determination of the purport of whole pleadings

A. According to the facts of determination as to the cause of return of unjust enrichment, the Plaintiff acquired ownership of the instant building by depositing compensation for the instant building prior to the date of commencement of expropriation as stipulated by the adjudication of expropriation. Thus, the Defendant, barring any special circumstance, from March 28, 2018 to July 17, 2018, which is the date of commencement of expropriation.