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(영문) 수원지방법원성남지원 2019.07.26 2018가단213278
부당이득금
Text

1. The Defendant’s KRW 1,023,076 and KRW 350,769 out of the above money to the Plaintiff shall be from May 3, 2018 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, as a lessee of the building indicated in the attached Table 1 list located within the instant rearrangement project zone (hereinafter “instant building”), occupied the part of the attached Form 2 drawing indication (A) of the second floor of the building indicated in the attached Table from July 10, 2018 to July 10, 2018 (hereinafter “second floor of the instant building”).

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 F, the owner of the instant building, with the expropriation compensation under the said expropriation ruling, and acquired the ownership of the instant building on March 28, 2018.

Where the second floor of the instant building is leased without a deposit, the rent is KRW 1.9 million from March 28, 2018 to October 8, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 9, 11 (including branch numbers; hereinafter the same shall apply)

2. Determination

A. According to the fact that the return of unjust enrichment occurred, the Plaintiff deposited compensation for the instant building prior to the date of commencement of expropriation, and owned the ownership of the instant building.

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