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(영문) 수원지방법원성남지원 2019.07.26 2018가단213940

부당이득금

Text

1. The Defendant’s KRW 1,204,166 as well as the Plaintiff’s annual rate from March 27, 2019 to July 26, 2019.

Reasons

1. Facts of recognition;

A. The Sungnam-gu Mayor designated the Plaintiff as the implementer of the C-Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”) to be implemented on the B 233,366 square meters in Seongbuk-gu, Sungnam-gu, Sungnam-gu. The said designation was publicly announced.

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, approved the alteration plan for the implementation of the instant rearrangement project as D public notification of the Sungnam City.

The Plaintiff established a management and disposal plan for the instant improvement project, and on November 7, 2016, the Sungnam City approved the above management and disposal plan as E publicly notified by Sungnam City.

B. The Defendant, as the former owner of the building indicated in the attached Table (hereinafter “instant building”) located within the instant rearrangement project zone, occupied the part of the attached Form No. 1 floor of the building indicated in the attached Table (A) from July 31, 2018 to July 31, 2018 after the Plaintiff’s expropriation.

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

Where the first floor of the instant building is leased without a deposit, the rent is KRW 1,445,00 from March 28, 2018 to August 24, 2018.

E. On October 5, 2018, the Plaintiff paid KRW 17,032,020 to the Defendant under the name of director expenses, relocation expenses, etc.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 8 through 10, and 11 (if there are numbers, including numbers; hereinafter the same shall apply), the result of commission of appraisal of rent to appraiser F, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the plaintiff decided to accept the return of unjust enrichment 1).