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(영문) 서울북부지방법원 2019.12.05 2018가합24572

부당이득금

Text

1. The Plaintiff, Defendant B, and Defendant C, from September 19, 2019, with respect to KRW 1,601,753, and the amount of KRW 485,260.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a housing redevelopment and rearrangement project whose project implementation district covers the Seoul

B. The Defendants leased each of the pertinent real estate from the owner of each real estate listed in the separate sheet in the said project implementation district (hereinafter “each of the instant real estate”) and occupied and used it.

C. Upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal rendered the adjudication of expropriation of each of the instant real estate on October 20, 2017 and January 26, 2018, with each of the commencement dates of expropriation as of March 16, 2018, and the Plaintiff deposited compensation for losses due to each of the expropriation dates prior to the commencement date of expropriation.

On June 22, 2018, the Seoul Special Metropolitan City Regional Land Tribunal rendered a ruling of acceptance of the Defendants’ goodwill on August 10, 2018. Accordingly, the Plaintiff deposited or paid the Defendants’ compensation for losses prior to the date of commencement of expropriation.

E. Until September 7, 2018, Defendant C occupied and used each of the instant real estate until August 21, 2018; Defendant D until September 21, 2018; Defendant C until September 21, 2018; Defendant E until September 6, 2018; Defendant F until September 11, 2018; Defendant G by November 12, 2018; Defendant H by November 28, 2018; and Defendant H by September 28, 2018.

F. The amount equivalent to annual rent for the portion of the pertinent real estate that the Defendants occupied and used at the time of possession and use is KRW 20,160,000 in the case of Defendant B Co., Ltd., KRW 14,760,00 in the case of Defendant C, KRW 16,680,00 in the case of Defendant D, KRW 3,000 in the case of Defendant E, KRW 4,200,00 in the case of Defendant F, KRW 12,60,00 in the case of Defendant G, and KRW 8,640,00 in the case of Defendant H.

[Grounds for recognition] Defendant B, C, E, F, G, and H: Defendant D, the confession of which was made: Evidence Nos. 2, 4-9, 5-9, 6-9, 8, 10-10.