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(영문) 수원지방법원성남지원 2019.07.26 2018가단212763
부당이득금
Text

1. The Defendants jointly share KRW 2,89,989 with respect to the Plaintiff and the period from March 27, 2019 to July 26, 2019.

Reasons

1. Facts of recognition;

A. The Sungnam-gu Mayor designated the Plaintiff as the implementer of the D Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) to be implemented on the 233,366 square meters of the Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Sungnam-gu. The said Mayor announced it.

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, the modification plan of the implementation plan of the instant rearrangement project was approved as E.

The Plaintiff established a management and disposal plan for the instant improvement project, and on November 7, 2016, the Sungnam City approved the said management and disposal plan as the F Public Notice of Sung-nam City.

B. The Defendants, as the former owner of the building located within the instant improvement project zone (hereinafter “instant building”), occupied the second floor of 97.63 square meters among the buildings indicated in the attached Table from July 17, 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 deposit, rent is KRW 2,89,989 from March 29, 2018 to July 17, 2018.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 3, 6, 7, 8, 9 (including paper numbers; hereinafter the same shall apply), the result of the commission of appraisal of fees to appraiser G, the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff deposited compensation for the instant building prior to the date of commencement of expropriation as determined by the adjudication on expropriation and acquired ownership of the instant building. Thus, the Defendant, barring any special circumstance, from March 28, 2018 to July 17, 2018, the commencement of expropriation, barring any special circumstance.

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