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(영문) 수원지방법원 성남지원 2018.11.23 2018가단212800
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) KRW 394,126 as well as 5% per annum from April 24, 2018 to November 23, 2018;

Reasons

Facts of recognition

- The Seongbuk-gu Mayor designated the Plaintiff as the implementer of the C Housing Redevelopment Improvement Project (hereinafter referred to as the “instant Improvement Project”) to be implemented on the 233,366 square meters in Jung-gu Seoul Special Metropolitan City B in Seongbuk-gu, Sungnam-gu, and announced it.

- The Sungnam City approved the implementation plan of the instant rearrangement project on December 4, 2009 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 Sungnam-si.

- The Plaintiff established a management and disposal plan for the instant improvement project, and the Sungnam Mayor approved the above management and disposal plan on November 7, 2016 to be publicly notified E in Seongbuk-si.

- The Defendant, as a lessee of the building indicated in the attached list located within the instant rearrangement project zone (hereinafter “instant building”), has occupied the instant building from June 12, 2012 until now.

- In relation to the instant improvement project, the Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee, and on February 8, 2018, the Central Land Expropriation Committee determined the commencement date of expropriation on March 28, 2018 and rendered adjudication of expropriation on the instant building.

- The Plaintiff deposited compensation for losses in accordance with the above acceptance ruling, and acquired the ownership of the instant building on March 28, 2018.

- When the instant building is leased without deposit, monthly rent from March 28, 2018 is KRW 444,000.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply), appraiser F's appraisal result, determination of the purport of the whole pleadings, and Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or benefit from the previous land or buildings until the date of the public announcement of transfer under Article 54, when the approval of the management and disposition plan is publicly notified.

Provided, That the project implementer's consent or Article 40 and 40 shall be obtained.

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