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(영문) 수원지방법원성남지원 2019.09.20 2018가단211678
부당이득금
Text

1. The Defendants jointly share KRW 1,480,938 with respect to the Plaintiff and the period from June 27, 2019 to September 20, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a project implementer of the D Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) that performs redevelopment of the members of Seongbuk-gu Seoul Special Metropolitan City Seoul Special Metropolitan City under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents.

B. On November 7, 2016, the Plaintiff obtained approval of the management and disposal plan for the instant improvement project from the Seongbuk-gu mayor, and the Sungnam-si Mayor announced it (E) around that time.

C. The Defendants shared 1/2 shares of each of the buildings listed in the separate sheet in the instant rearrangement project zone, while stating 1/2 shares of each of the buildings listed in the separate sheet, the third floor and 3 floors of the said building were stated, but the Plaintiff withdrawn the Plaintiff’s claim regarding 1st floor.

(hereinafter referred to as "the real estate of this case") was residing in D.

On February 8, 2018, the Central Land Tribunal applied for the adjudication of expropriation to the Central Land Expropriation Committee, and the Central Land Expropriation Committee determined the commencement date of expropriation on March 28, 2018 and rendered the adjudication of expropriation.

E. On March 26, 2018, the Plaintiff deposited the Defendants as deposited, respectively, for compensation for losses for the said building. On April 26, 2018, the Plaintiff completed the registration of ownership transfer on the ground of expropriation on March 28, 2018.

F. The Defendants used and benefited from the instant real estate by August 19, 2018.

G. Monthly rent of the instant real estate is KRW 312,140.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 11 (including a serial number; hereinafter the same shall apply), Eul evidence 1 to 3, the result of the appraiser's appraisal, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Plaintiff acquired ownership of the above building on March 28, 2018, which is the date of expropriation, and the Defendants continued to use and benefit from the instant real estate until August 19, 2018, even though they lost ownership on the same day. Thus, barring any special circumstances, the Defendants jointly use other persons’ property without legal cause.

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