부당이득금
1. The Defendant’s KRW 6,504,858 as well as 5% per annum from May 9, 2019 to July 26, 2019 to the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a project implementer of the C Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) that performs redevelopment of the B members of Seongbuk-gu Seoul Metropolitan Government under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
B. On November 7, 2016, the Plaintiff obtained approval of the management and disposal plan for the instant improvement project from the Seongbuk-gu mayor, and the Sungnam-si Mayor announced it (D) around that time.
C. The Defendant was the lessee of the first floor among the real estate in the attached list located within the instant rearrangement project zone (hereinafter “instant real estate”), and used and profited from the instant real estate by June 27, 2018.
On November 14, 2016, the Plaintiff acquired through consultation from E, the owner of the instant real estate, and completed the registration of ownership transfer based on the acquisition of public land on November 28, 2016.
E. The monthly rent of the instant real estate was KRW 341,959 up to November 13, 2017, and thereafter was KRW 344,374.
[Reasons for Recognition] A without dispute, entry of Gap evidence 1 to 11 (including additional numbers), the appraiser's appraisal result, the purport of the whole pleadings
2. According to the above facts finding as to the cause of claim, the Plaintiff, as the implementer of the instant rearrangement project, obtained authorization of the instant rearrangement project’s management and disposal plan on November 7, 2016, and acquired the ownership of the instant real estate on November 28, 2016, but the Defendant continued to use and profit from the instant real estate without any legal ground until June 27, 2018, and thus, the Defendant is obligated to return unjust enrichment that the Plaintiff acquired.
On the other hand, the amount of profit from the possession and use of real estate shall be the amount equivalent to the rent in ordinary cases. The monthly rent of the pertinent real estate was KRW 341,959 until November 13, 2017, and thereafter 344,374 was the same as seen earlier. Thus, the Defendant: (a) from November 28, 2016 to November 13, 2017, the Defendant paid to the Plaintiff the rent of KRW 3,946,113 = 341,959 x 341,959 x 12 x 3651 x 351 x 351, 200 hereinafter the same.