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(영문) 수원지방법원 성남지원 2018.10.19 2018가단217935
부당이득금
Text

1. The Defendant: 5% per annum from April 21, 2018 to October 19, 2018, as to KRW 800,757 and KRW 160,151 among the Plaintiff.

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 right holder of the building indicated in the attached list located within the instant rearrangement project zone (hereinafter “instant building”).

- 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.

- The Plaintiff deposited compensation for losses in accordance with the above acceptance ruling, and acquired the ownership of the instant building on March 28, 2018.

- The Defendant occupied and used the instant building by July 25, 2018.

- Where the instant building is leased without deposit, monthly rent is KRW 202,970.

[Ground of recognition] The fact that there is no dispute, each entry of Gap evidence 1 through 7, the result of appraisal of rent by appraiser F, and the main text of Article 49(6) of the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents shall not use or benefit from the previous land or buildings until the date of public announcement of the approval of the management and disposal plan pursuant to Article 54, if there is a public announcement of the approval of the management and disposal plan.

Provided, That the consent of a project operator is obtained, Article 40, and the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects or less.

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