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(영문) 수원지방법원성남지원 2019.07.26 2018가단214905
부당이득금
Text

1. The Defendant’s KRW 1,529,693 as well as 5% per annum from March 27, 2019 to July 26, 2019 to the Plaintiff.

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 the former owner of the building indicated in the attached Table (hereinafter “instant building”) located within the instant rearrangement project zone, occupied the second floor of 39.21 square meters of the building indicated in the attached Table (hereinafter “second floor of the instant building”) from August 12, 2018 following the Plaintiff’s expropriation.

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 the expropriation compensation in accordance with the above 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 security deposit, the rent is KRW 1,820,000 from March 28, 2018 to September 6, 2018.

E. Around September 4, 2018, the Plaintiff paid KRW 21,719,860 to the Defendant with the director’s expenses, relocation expenses, and resettlement funds.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 6, 8, 11, 12, Eul evidence Nos. 6 (including the number; hereinafter the same shall apply), the result of the commission of appraisal of rent to appraiser F, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff’s obligation to return unjust enrichment 1) determination of the cause of the claim is examined, and the Plaintiff’s decision to accept was made prior to the date of commencement of acceptance.

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