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(영문) 서울북부지방법원 2017.11.10 2017가단106630
부당이득반환
Text

1. The Plaintiff:

A. Defendants B, C, D, and E shall jointly and severally pay KRW 10,086,00,005 and shall be fully paid from October 13, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a housing redevelopment and consolidation project association whose establishment was authorized by the head of Seongbuk-gu Seoul Metropolitan Government Office on March 20, 2009 by designating Seongbuk-gu H Il-gu as a project implementation district under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and whose establishment was authorized on January 7, 2016.

B. The head of Seongbuk-gu Seoul Metropolitan Government announced the Plaintiff’s project implementation authorization on January 10, 2013, and announced it on January 17, 2013. On November 26, 2015, the head of Seongbuk-gu publicly announced the project implementation authorization on September 12, 2016, approved the management and disposal plan on September 12, 2016, and announced it on September 19, 2016.

C. Defendants B, C, D, and E were co-owners of the real estate listed in the separate sheet No. 1, Defendant F, and G, respectively, but each of the said real estate was located in the said project implementation district.

The Seoul Special Metropolitan City Regional Land Tribunal shall set the commencement date of expropriation on January 13, 2017 for the improvement project of the plaintiff.

A ruling was made to accept each real estate stated in the paragraph.

On January 3, 2017, the Plaintiff deposited each compensation for losses to the Defendants according to the aforementioned ruling of acceptance. On January 19, 2017, the Plaintiff completed the registration of ownership transfer based on the expropriation on January 13, 2017.

E. From January 13, 2017, Defendants B, C, D, and E occupy and use the real estate listed in the separate sheet No. 1, Defendant F, and G respectively from January 13, 201 to the closing date of the instant pleadings.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8 (including additional number), the purport of the whole pleadings

2. After the Plaintiff’s determination of the cause of claim was publicly notified of the approval plan for the management and disposal plan for the housing redevelopment rearrangement project, the said Defendants were unable to use or profit from the real estate owned by them, as long as the Plaintiff paid all compensation for losses to the Defendants pursuant to the adjudication of expropriation by

Therefore, unless there are special circumstances, the defendants were owned by the defendants.

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