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(영문) 서울북부지방법원 2019.12.05 2018가합24442

부당이득금

Text

1. The Plaintiff:

A. Defendant B shall pay 7,162,767 won and 12% per annum from September 4, 2019 to the date of full payment.

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 that sets the Seoul Seongbuk-gu

B. The Defendants are owners of each real estate listed in the separate sheet in the said project implementation district (hereinafter “each of the instant real estate”) and possessed and used it.

C. On August 25, 2017, upon the Plaintiff’s application for the 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 the Plaintiff deposited compensation for losses due to the adjudication of expropriation prior to the date of commencement of expropriation.

By December 14, 2018, Defendant B occupied and used the real estate listed in the attached Table 13 list by December 14, 2018, and the annual amount equivalent to the rent for the said real estate at the time is KRW 6,210,000.

Defendant C occupied and used each real estate listed in the separate sheet No. 16 until December 13, 2018, and the annual amount equivalent to the rent of the said real estate at the time is KRW 16,663,90.

[Ground of recognition] Gap evidence Nos. 1, 2, and 3-14, 3-17, 4-13, 4-4-16, 5-3, Eul evidence Nos. 3, the result of the appraisal commission to appraiser E by this court, the purport of the whole pleadings

2. According to the above facts of recognition, the Plaintiff acquired ownership of each of the instant real estate on October 20, 2017, which is the starting date of expropriation of each of the instant real estate. Since the Defendants continued to use and profit from each of the instant real estate, the Defendants are obligated to return unjust enrichment to the Plaintiff, barring special circumstances.

The amount of unjust enrichment to be returned by the Defendants to the Defendants shall be KRW 7,162,767 (= KRW 6,210,00 x 421 days (from October 20, 2017 to December 14, 2018), 365 days, hereinafter the same shall apply), and Defendant C shall be KRW 19,174,898 = 16,63,90 x 163,90.