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(영문) 수원지방법원성남지원 2019.05.15 2018가단211395

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the Plaintiff is the implementer of a C rearrangement project to be implemented on the B 233,366 square meters in Seongbuk-gu, Sungnam-gu (hereinafter “instant rearrangement project”).

B. The Defendant leased part of the first floor among the instant buildings from E, the owner of the building of 2nd floor and neighborhood living facilities (hereinafter “the instant building”) located in the Seongbuk-gu Seoul Special Metropolitan City, Seongbuk-gu, Seoul Special Metropolitan City (hereinafter “the instant building”), which is located in the instant improvement project district, and operated manufacturing business, such as signboards, placards, etc. with the trade name “F” from November 21, 2005.

C. On November 7, 2016, the Sungnam City publicly announced the approval plan for the management and disposal of the instant rearrangement project.

(G) On February 8, 2018, the Central Land Tribunal rendered a ruling of expropriation of KRW 30,428,000 on the commencement date of expropriation as of March 28, 2018, on which the compensation for business losses against the defendant was set at KRW 30,428,00, and the plaintiff deposited the above KRW 30,428,00 against the defendant before the commencement date of expropriation.

On September 4, 2018, the Plaintiff confirmed that the Defendant was removed from the first floor of the instant building.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 13 (including the number of each branch), the purport of the whole pleadings

2. The Plaintiff asserts that, as the Defendant removed from the instant building on September 4, 2018, the Plaintiff is obligated to pay KRW 3,519,114, the amount of the royalty for 141 days from March 28, 2018 to September 4, 2018, which is the date of expropriation. As to this, the Defendant did not have resided in, or used for, the instant building, and transferred the place of business to August 8, 2018.

In light of the above, the benefit in return of unjust enrichment on the ground that it was benefiting without legal grounds means the substantial benefit. Therefore, even after the lease contract relationship is terminated, the lessee continues to possess the leased building even after the lease contract relationship is terminated, which is its original purpose.