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1. The Defendant’s KRW 973,130 as well as the Plaintiff’s annual rate of KRW 5% from March 27, 2019 to July 26, 2019.
Reasons
1. Facts of recognition;
A. The Sungnam-gu Mayor designated the Plaintiff as the implementer of the C-Housing Redevelopment Improvement Project (hereinafter “instant rearrangement project”) to be implemented on the B 233,366 square meters in Seongbuk-gu, Sungnam-gu, Sungnam-gu. The said designation was publicly announced.
On December 4, 2009, the Sungnam City approved the implementation plan of the instant rearrangement project 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 the Sungnam City.
The Plaintiff established a management and disposal plan for the instant improvement project, and on November 7, 2016, the Sungnam City approved the above management and disposal plan as E publicly notified by Sungnam City.
B. The Defendant occupied 33.83 square meters of the building on the second floor in the attached Table list (hereinafter “instant building”) from July 30, 2018 following the Plaintiff’s expropriation as the former owner of the building located within the instant improvement project zone.
C. 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.
On March 27, 2018, the Plaintiff deposited the expropriation compensation in accordance with the above expropriation ruling, and acquired the ownership of the instant building on March 28, 2018.
Where the instant building is leased without a deposit, rent is KRW 1,44,00 from March 28, 2018 to September 27, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 6, 8, 9, 10 (including a provisional number; hereinafter the same shall apply), the result of the commission of a voluntary appraisal of appraiser F, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff acquired ownership of the instant building after depositing compensation for losses on the instant building prior to the date of commencement of expropriation as determined by the adjudication on expropriation. Thus, barring any special circumstance, the Defendant from March 28, 2018 to July 30, 2018, which is the starting date of expropriation.