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(영문) 서울북부지방법원 2017.09.27 2017가단106340
부당이득반환
Text

1. The defendant shall be the plaintiff.

(a) 16,604,000 won and a rate of 15% per annum from September 6, 2017 to the date of complete payment.

Reasons

Comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1, 3-1, 2, 5-3, and 6-3 of Gap evidence Nos. 6-3, the plaintiff was a housing redevelopment improvement project association which was authorized by the head of Seongbuk-gu on March 20, 209 pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (hereinafter referred to as the "Urban Improvement Act"), but the defendant owned each real estate listed in the separate sheet in the above project implementation district (hereinafter referred to as the "real estate of this case"), but the plaintiff accepted the real estate of this case on January 13, 2017. The defendant occupied and used the real estate of this case until now, from January 14, 2017 (Expropriation) to August 13, 2017 (the next day of the date of expropriation), and the facts as to the real estate of this case as the base date of appraisal, 160, 200, 2016.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 16,604,00 as a return of unjust enrichment equivalent to the rent and the amount of delay damages calculated by the annual 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 6, 2017 to the date of complete payment, which is the day following the delivery of a copy of the claim of this case and the application for alteration of the cause of the claim of this case. The Defendant is obligated to pay the Plaintiff the amount of money calculated from August 14, 2017 to the delivery date of the real estate of this case.

The defendant's argument regarding the defendant's assertion: ① the plaintiff union changed the project implementation plan which was resolved by the general meeting of December 21, 2010 by the resolution of the general meeting of October 9, 2012; and the head of Seongbuk-gu approved the project implementation plan on December 10, 2013 regarding the project implementation plan of the general meeting of December 21, 2010, which became invalid as the change of the project implementation plan, the approval of the project implementation plan for the plaintiff union is null and void; ② the project implementation plan which was resolved by the plaintiff union by the general meeting of December 21, 2010, is governed by the Urban Improvement Act.

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