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(영문) 수원지방법원성남지원 2019.07.26 2018가단215946
부당이득금
Text

1. The Defendant’s KRW 243,489 as well as the Plaintiff’s annual rate from April 11, 2019 to July 26, 2019.

Reasons

1. Facts of recognition;

A. The Seongdong-gu Mayor designated the Plaintiff as the implementer of the Sung-nam Housing Redevelopment Project (hereinafter “instant rearrangement project”), which will be implemented on the 233,366m2 in Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Seongbuk-gu. The Plaintiff was publicly notified.

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 mother of F, the owner of the building indicated in the attached Table located within the instant rearrangement project zone, occupied 3.32 square meters of the first floor of the building indicated in the attached Table from the Plaintiff’s expropriation to May 5, 2018 (hereinafter “instant building”).

C. The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee regarding the instant improvement project, and on February 8, 2018, the Central Land Expropriation Committee determined the commencement date of expropriation on March 28, 2018 with respect to the buildings listed in the separate list and rendered adjudication of expropriation.

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 instant building is leased without a deposit, rent is KRW 1,428,900 from March 28, 2018 to October 25, 2018.

E. On October 18, 2018, the Plaintiff paid KRW 2,501,860 to the Defendant at the housing relocation cost and the director’s expense.

[Ground of recognition] Unsatisfy facts, Gap evidence Nos. 1, 3, 6, 8, 9, 12, and 13 (including paper numbers; hereinafter the same shall apply), the result of the commission of appraisal of rent to appraiser G, the purport of the whole pleadings

2. Determination

A. According to the above facts, the plaintiff deposited compensation for losses for the building of this case before the date of commencement of expropriation, which was determined by the expropriation ruling, and held that the return of unjust enrichment occurred 1).

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