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(영문) 서울남부지방법원 2018.08.22 2017가단230561
부당이득금
Text

1. The plaintiff

A. Defendant B shall be KRW 7,182,00 and 15% per annum from June 15, 2018 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association that completed the registration of incorporation on January 8, 2010 to implement a housing redevelopment and rearrangement project (hereinafter “instant rearrangement project”) with the housing redevelopment and rearrangement project with the housing area of 73,607 square meters in Yeongdeungpo-gu Seoul Metropolitan Government G Group as a project implementation district.

B. The Plaintiff obtained authorization to establish the association on January 13, 2010 from the head of Yeongdeungpo-gu Seoul Metropolitan Government, the authorization to implement the project on August 27, 2012, and the authorization to implement the management and disposal plan on October 29, 2015. On the same day, the head of Yeongdeungpo-gu Seoul Metropolitan Government publicly announced the management and disposal plan on the instant rearrangement project.

C. The deceased H (hereinafter “the deceased, Feb. 25, 2017”) is the owner of attached Form 1, 2, and the owner of attached Form 3, and the Defendant B is the owner of attached Form 4 real estate located within the implementation zone of the instant improvement project, who did not apply for parcelling-out within the period of application for parcelling-out, and Defendant C is the wife of the deceased, Defendant D, E, and F are the children of the deceased.

On September 30, 2016, the Plaintiff filed an application for adjudication of expropriation with the local Land Tribunal of Seoul Special Metropolitan City, and on November 18, 2016, the said Committee rendered adjudication of expropriation on the date of commencement of expropriation on the real estate of Defendant B and the Deceased.

Accordingly, on November 16, 2016, the Plaintiff deposited full amount of compensation for losses, including KRW 561,267,240, Defendant B as the deposited person, and KRW 810,784,330, respectively.

E. Since then, on January 7, 2017, and May 22, 2017, Defendant B alleged that the deceased’s possession of the real estate was ordered on May 20, 2017, but there is no evidence to acknowledge it (only it is confirmed that the relocation has been completed on or around June 27, 2017 according to the description in subparagraph 8-1 and the abstract of the resident registration in the above Defendant’s above Defendant’s resident registration). It is deemed that the Plaintiff’s assertion that is more favorable to the above Defendant was named on the urban point of the Plaintiff’s assertion that is more favorable to the Defendant than on the point of time in the above public record.

Each plaintiff was ordered to be the plaintiff.

F. As of February 11, 2016, the monthly rent of KRW 1,014,00 and the instant 3.

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