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(영문) 수원지방법원 성남지원 2018.10.05 2018가단214882
부당이득금
Text

1. The Defendant’s KRW 1,69,067 and KRW 212,383 among the Plaintiff’s KRW 5% per annum from April 14, 2018 to October 5, 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 is the owner of the 1st floor No. 102, No. 49.58 square meters (hereinafter “instant building”) indicated in the attached Table 1 list located within the instant rearrangement project zone, among the buildings indicated in the attached Table 1 list.

- 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.

- Accordingly, the Plaintiff deposited KRW 995,533,213 with the Defendant as the principal deposit.

- The Plaintiff acquired the ownership of the instant building on March 28, 2018 according to the above acceptance ruling.

- The Defendant occupied and used the instant building by August 10, 2018.

- Where the instant building is leased without deposit, monthly rent is KRW 380,000.

[Reasons for Recognition] The fact that there is no dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply), appraiser F's appraisal result, determination of the overall purport of pleading, and Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, the main text of Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, if public notice of approval of management and disposal plan is given, the owner, person with superficies, lease holder, etc. of the previous land or building

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