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1. The Defendant’s KRW 723,546 as well as the Plaintiff’s annual rate of KRW 5% from March 27, 2019 to July 26, 2019.
Reasons
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 former owner of the building indicated in the attached Table (hereinafter “instant building”) located within the instant rearrangement project zone, occupied 37.51 square meters of the first floor of the building indicated in the attached Table from the Plaintiff’s expropriation to June 22, 2018 (hereinafter “the first floor of the instant building”) after 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 first floor of the instant building is leased without a deposit, the rent is KRW 1,262,00 from March 28, 2018 to August 24, 2018.
E. On July 13, 2018, the Defendant received KRW 25,827,420 from the Plaintiff with the housing relocation expenses, directors, and resettlement subsidies.
[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 through 5, 8, 9, 11, 12; Eul evidence Nos. 2 (including branch numbers; hereinafter the same shall apply); the result of the commission of appraisal of rent to appraiser F; the purport of the whole pleadings
A. According to the above facts of recognition, the Plaintiff’s acceptance ruling is the starting date of acceptance.