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(영문) 수원지방법원 성남지원 2018.10.30 2018가단213193
부당이득금
Text

1. The defendant shall be the plaintiff.

(a) From May 30, 2018 to October 30, 2018, for KRW 1,203,286 and KRW 621,369 among them.

Reasons

1. Basic facts

A. The Seongdong-gu Mayor designated the Plaintiff as the implementer of the C Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) to be implemented on the B Il-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul and 233,366 square meters, and publicly announced it.

After that, on December 4, 2009, the Sungnam City approved and publicly notified the implementation plan of the instant rearrangement project, 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.

B. The Plaintiff established a management and disposal plan of the instant improvement project, and on November 7, 2016, the Seongbuk-nam City approved the said management and disposal plan as E publicly notified.

C. The Defendant is a lessee of the portion (B) and 50.66 square meters inboard (B) connected with each of the two floors of the attached Table 1, which are located within the instant rearrangement project zone, among the two floors of the building 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 the Central Land Expropriation Committee decided on March 28, 2018 on the commencement date of expropriation of the instant building.

After depositing the amount under the above expropriation ruling, the Plaintiff completed the registration of ownership transfer on April 26, 2018 on the building of this case on March 28, 2018.

E. From March 28, 2018 to July 27, 2018, the rent is KRW 300,000 per month when the instant building is leased without a security deposit.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number), the result of the appraiser's appraisal of rent, the purport of the whole pleadings

2. The main sentence of Article 49 (6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall be applied to the previous land or buildings until the date of public announcement of approval on a management and disposal plan by the owner, superficies, leaser, etc. of the previous land or buildings until the date of public announcement of relocation under Article 5

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