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(영문) 서울동부지방법원 2020.11.05 2019가단134169

부당이득금

Text

The Plaintiff

A. As from July 6, 2019, Defendant B’s KRW 6,369,617 and its related thereto:

B. Defendant C shall be KRW 1,873,642 and this shall apply.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization from the head of Songpa-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents in order to implement a housing redevelopment and rearrangement project that sets the

B. The Defendants are owners of each real estate listed in the separate sheet in the said project implementation district (hereinafter “each of the instant real estate”), and possessed and used the real estate by setting the sequences.

C. On September 30, 2016, upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal set the commencement date of expropriation as November 18, 2016, which decided to expropriate each of the instant real estate, and the Plaintiff deposited compensation for losses due to the adjudication of expropriation prior to the commencement date of expropriation.

Defendant B occupied and used the instant real estate from November 27, 2017 to November 27, 2017, and the amount equivalent to the rent for the period from November 19, 2016 to November 27, 2017 is KRW 6,369,617.

E. Defendant C leased the instant 2 real estate, which is a multi-family house. However, from around 2016, the lessee terminated the lease agreement, and the lessee leaves the leased area in sequence from the respective possession areas of the instant 2 real estate. The final date on which the lessee’s eviction was completed is March 19, 2017.

F. After the commencement date of expropriation, Defendant D occupied and used the instant three real estate from February 28, 2017 to February 28, 2017, and the amount equivalent to the monthly rent of the said real estate at that time is KRW 427,917.

[Based on the recognition] Defendant B: The fact that there is no dispute between Defendant C and D, Gap evidence Nos. 1 through 4, 6, Eul evidence Nos. 1 through 10 (including the serial numbers), the result of the appraisal of the fee for the appraiser F, the result of the appraisal of the fee for the appraiser F, the result of the fact inquiry of the Seoul Special Metropolitan City robbery Waterworks Business Office, the Korea Electric Power Corporation's branch office, the result of the fact inquiry of the entire pleadings, and the purport of the whole pleadings.

2. Determination

A. Defendant B.