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(영문) 수원지방법원성남지원 2019.02.12 2018가단214653

부당이득금

Text

1. The Defendant’s KRW 4,821,310 and KRW 4,374,739 among the Plaintiff’s KRW 5% per annum from April 20, 2018 to February 12, 2019.

Reasons

1. Basic facts

A. The Seongdong-gu Mayor designated the Plaintiff as the implementer of the Sung-nam Housing Redevelopment Project (hereinafter “instant rearrangement project”), which will be implemented on the 233,366m2 in Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seongbuk-gu. The Plaintiff was publicly notified.

After that, on December 4, 2009, the Sungnam City approved and publicly notified the implementation plan of the instant rearrangement project, 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.

B. The Plaintiff established a management and disposal plan of the instant improvement project, and on November 7, 2016, the Seongbuk-nam City approved the said management and disposal plan as E publicly notified.

C. The Defendant occupied the instant building by June 12, 2018 as a lessee of the branch floor (hereinafter “instant building”) among the buildings indicated in the attached list located within the instant rearrangement project zone.

Meanwhile, around April 11, 2016, F, the owner of the instant building, applied for sale of the building in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents. In the event that the instant building is leased without a deposit, F, the rent of KRW 4,374,739 from November 7, 2016 to April 19, 2018, and the rent of KRW 446,571 from April 20, 2018 to June 12, 2018 is KRW 446,571.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 9 (including each number), the result of the appraiser's appraisal of rent, the purport of the whole pleadings

2. The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14113, Mar. 29, 2016) shall not use or benefit from the previous land or buildings until the date of public announcement of approval of a management and disposal plan pursuant to Article 54.

Provided, That compensation for losses under Article 40 and the Act on the Acquisition of Land, etc. for Public Works and the Compensation therefor has not been completed, with the consent of a project operator.