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(영문) 수원지방법원성남지원 2019.07.26 2018가단212787
부당이득금
Text

1. The Defendant’s KRW 4,238,70 for the Plaintiff and 5% per annum from May 17, 2019 to July 26, 2019.

Reasons

1. Facts of recognition;

A. The Sungnam-gu Mayor designated the Plaintiff as the implementer of the D Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) to be implemented on the 233,366 square meters of the Jung-gu Seoul Special Metropolitan City, Seongbuk-gu, Sungnam-gu. The said Mayor announced it.

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, the modification plan of the implementation plan of the instant rearrangement project was approved as E.

The Plaintiff established a management and disposal plan for the instant improvement project, and on November 7, 2016, the Sungnam City approved the said management and disposal plan as the F Public Notice of Sung-nam City.

B. The Defendant occupied the first floor of the instant building from among the instant building to July 31, 2018 following the Plaintiff’s accommodation as the former owner of the building indicated in the attached list located within the instant improvement project zone (hereinafter “instant building”).

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 one floor of the instant building is leased without a security deposit, rent is KRW 5,483,00 from March 28, 2018 to September 20, 2018.

[Ground of recognition] A without dispute, each entry of Gap evidence Nos. 1, 3, 6, 9, 10 (including paper numbers; hereinafter the same shall apply), the result of the commission of appraisal of fees to appraiser G, the result of this court's inquiry of facts on May 14, 2019, and the purport of the whole pleadings

2. Determination

A. According to the above facts, the Plaintiff deposited compensation for losses for the instant building before the date of commencement of expropriation, and acquired the ownership of the instant building, barring any special circumstances.

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