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(영문) 수원지방법원성남지원 2019.07.26 2018가단214387

부당이득금

Text

1. The Defendant’s KRW 1,187,260 as well as 5% per annum from March 27, 2019 to July 26, 2019 to the Plaintiff.

Reasons

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 41.04 square meters of the 1st floor of the building indicated in the attached Table (hereinafter “instant building”) from June 26, 2018 to June 26, 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, rent is KRW 1,609,397 from March 28, 2018 to July 27, 2018.

E. On July 13, 2018, the Plaintiff paid KRW 19,69,470 to the Defendant with the housing relocation expenses, directors, and resettlement funds.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 6, 8 through 11 (including paper numbers), the result of the commission of appraisal of fees to appraiser F, determination of the purport of the whole pleadings

A. According to the above facts, the Plaintiff’s obligation to return unjust enrichment 1) determination as to the cause of the claim is examined. The Plaintiff’s compensation for losses for the instant building prior to the commencement date of expropriation as determined by the adjudication on expropriation.