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(영문) 서울북부지방법원 2019.12.05 2018가합23623
부당이득금
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 11,445,364 and a rate of 12% per annum from October 18, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a housing redevelopment and rearrangement project association that has obtained authorization from the head of Seongbuk-gu Seoul Metropolitan Government pursuant to the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents to implement a housing redevelopment and rearrangement project whose project implementation district covers the Seoul

B. The Defendants are the owners or lessees of each real estate listed in the separate sheet in the said project implementation district (hereinafter “each of the instant real estate”), who possessed and used it.

C. On August 25, 2017, upon the Plaintiff’s application for adjudication of expropriation, the Seoul Special Metropolitan City Regional Land Tribunal made each adjudication on expropriation of each real estate listed in the separate sheet No. 15, 16, 17, and 19 as of October 20, 2017. On January 26, 2018, the date of commencement of expropriation of each real estate listed in the separate sheet No. 3 and 24 as of March 16, 2018. The Plaintiff deposited compensation for each expropriation before the date of commencement of expropriation.

By October 16, 2018, Defendant C occupied and used each of the instant real estate until July 6, 2018; Defendant D until September 10, 2018; Defendant E until September 10, 2018; Defendant F until August 10, 2018; Defendant G until August 1, 2018; and Defendant G until March 8, 2019.

E. The amount equivalent to annual rent for the portion of each of the instant real property at the time the Defendants occupied and used the pertinent portion is KRW 19,430,502 in the case of Defendant B, KRW 28,122,412 in the case of Defendant C, KRW 1,178,260 in the case of Defendant D, KRW 2,023,40 in the case of Defendant E, KRW 2,463,171 in the case of Defendant F, KRW 2,463,171 in the case of Defendant G, and KRW 12,743,730 in the case of Defendant G.

[Ground of recognition] Defendant B, C, D, E, and F: Defendant G not disputed, entry of evidence Nos. 1, 3, and 4-25, 5-21, 7-7-9, and 8-7 of evidence Nos. 21, 7-7 of evidence Nos. 1, 3, and 4-25, and 5-7 of evidence Nos. 21, 8-7, the result of the

2. According to the above facts of recognition, the Plaintiff acquired the ownership of each of the instant real estate on October 20, 2017 and March 16, 2018, which is the starting date of expropriation of each of the instant real estate.

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