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(영문) 수원지방법원성남지원 2019.04.19 2018가단213858
부당이득금
Text

1. The Defendant’s KRW 1,151,279 and KRW 418,647 among the Plaintiff’s KRW 5% per annum from April 21, 2018 to April 19, 2019.

Reasons

1. Facts of recognition;

A. The Seongdong-gu Mayor was designated and publicly notified as the Plaintiff by the implementer of the C Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) to be implemented on the 233,366m2 in Jung-gu Seoul Special Metropolitan City, Seongbuk-gu B.

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 of 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 said building by June 1, 2018 as a lessee of the building indicated in the attached list located within the instant improvement project zone (hereinafter “instant building”).

The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee regarding the instant improvement project, and the Central Land Expropriation Committee set the commencement date of expropriation on March 28, 2018 and rendered adjudication of expropriation on the instant building. The Plaintiff completed the registration of ownership transfer on April 26, 2018 on the instant building due to expropriation on March 28, 2018.

E. The monthly rent in the case of leasing the instant building is KRW 533,00.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 12 (including each number), the appraiser's appraisal result, 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 Act on Acquisition of and Compensation for Land, etc. for Public Works Projects shall apply.

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