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(영문) 수원지방법원성남지원 2019.07.26 2018가단214141

부당이득금

Text

1. From April 11, 2018 to July 26, 2019, the Defendant paid to the Plaintiff KRW 1,267,110 among the above money and KRW 1,267,110.

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. F, the former owner of a building indicated in the separate sheet located within the instant rearrangement project zone (hereinafter “instant building”), filed an application for parcelling-out with the Plaintiff around March 2016.

C. The Defendant, as a lessee of the instant building, occupied the part of the attached Form No. 1 floor of the building on September 18, 2018 (hereinafter “the first floor of the instant building”) from among the first floor of the building indicated in the attached Table after the Plaintiff’s expropriation.

Where the first floor of the instant building is leased without deposit, rent is KRW 1,68,668 from November 7, 2016 to September 30, 2018.

E. On December 10, 2018, the Plaintiff paid KRW 652,490 to the Defendant as the director’s expense.

[Ground of recognition] Unsatisfy, Gap's statements of Gap's 1 through 6, 9 through 11 (including branch numbers; hereinafter the same shall apply), the result of the commission of appraisal of the fees to appraiser G, the judgment of the whole purport of the pleadings

A. According to the facts of determination as to the cause of the return of unjust enrichment, the Plaintiff may use and benefit from the instant building from November 7, 2016, when F, the former owner of the instant building, filed an application for sale, and the Plaintiff may use and benefit from the instant building (Article 81(1) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, barring any special circumstance, the Defendant shall make the first floor of the instant building from November 7, 2016 to September 18, 2018 without any legal ground.