1. The Defendant’s KRW 3,549,716 as well as the Plaintiff’s annual rate of 5% from March 13, 2019 to July 26, 2019.

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 listed in the attached Table 2 list located within the instant improvement project zone (hereinafter “instant building”), occupied the building listed in the attached Table 1 list and the part of the building indicated in the attached Form 3 drawings (A) among the instant building from August 16, 2018 to August 16, 2018 after the Plaintiff’s expropriation (hereinafter “the part occupied by the Defendant”).

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.

From March 22, 2018 to March 27, 2018, the Plaintiff deposited the compensation for expropriation in accordance with the above adjudication of expropriation, and on March 28, 2018, acquired the ownership of the instant building.

Where the occupied part of the instant building is leased without a deposit, the rent is KRW 5,186,110 from March 28, 2018 to October 19, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 8, 9, 10 (including branch numbers; hereinafter the same shall apply), each of the appraisal of appraiser F, the result of the entrustment 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 as to the cause of the claim is examined. The Plaintiff’s compensation for losses for the instant building prior to the commencement date of expropriation as determined by the adjudication on expropriation.