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1. The Defendant’s KRW 2,430,889 and KRW 1,902,590 among the Plaintiff and the Plaintiff’s KRW 5% per annum from April 24, 2018 to January 29, 2019.
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 occupied the instant building by September 18, 2018, as a lessee of the portion (Ga) part (Ga), 10.1 square meters, which connects each point in sequence, among the sub-storys of the attached Table 1, located within the instant rearrangement project zone.
Around April 22, 2016, F, the owner of the instant building, applied to the Plaintiff for sale of the building in accordance with the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.
E. Where the instant building is leased without a deposit, rent is KRW 1,902,590 from November 7, 2016 to April 23, 2018, and rent is KRW 528,299 from April 24, 2018 to September 18, 2018.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6, Gap evidence No. 8 (including each number), the result of appraiser's rent appraisal, the purport of the whole pleadings
2. The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (Amended by Act No. 14113, Mar. 29, 2016) shall not use or benefit from the previous land or buildings until the date of public announcement of approval of a management and disposal plan pursuant to Article 54.
Provided, That the project implementer's consent or Article 40 and the public works shall be obtained.