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(영문) 수원지방법원성남지원 2019.04.12 2018가단216000
부당이득금
Text

1. The Defendant’s KRW 2,525,232 as well as 5% per annum from November 22, 2018 to April 12, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Seongdong-gu Mayor was designated and publicly notified as the Plaintiff by the implementer of the C Housing Redevelopment Improvement Project (hereinafter “instant Improvement Project”) to be implemented on the 233,366m2 in Jung-gu Seoul Special Metropolitan City, Seongbuk-gu B.

After that, on December 4, 2009, the Sungnam City approved and publicly notified the implementation plan of the instant rearrangement project, and on February 5, 2016, approved the alteration plan of the implementation of the instant rearrangement project as D public notification of the Sungnam City.

B. The Plaintiff established a management and disposal plan of the instant improvement project, and on November 7, 2016, the Seongbuk-nam City approved the said management and disposal plan as E publicly notified.

C. The Defendant occupied the said building by September 20, 2018 as the lessee of the building indicated in the attached list located within the instant improvement project zone (hereinafter “instant building”).

The Plaintiff filed an application for adjudication of expropriation with the Central Land Expropriation Committee regarding the instant improvement project, and the Central Land Expropriation Committee set the commencement date of expropriation on March 28, 2018 and rendered adjudication of expropriation on the instant building. The Plaintiff completed the registration of ownership transfer on April 26, 2018 on the instant building due to expropriation on March 28, 2018.

E. The monthly rent (=867,950 won ±2) in a case where the instant building is leased without a deposit is 43,950 won (=867,900 won).

[Grounds for Recognition] Unsatisfy, each entry of Gap evidence 1 to 11 (including each number), the appraiser's appraisal result, the purport of the whole pleadings

2. Determination

(a) The main sentence of Article 49(6) of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (amended by Act No. 14113, Mar. 29, 2016) shall not use or benefit from the previous land or buildings until the date of public announcement of approval of a management and disposal plan pursuant to Article 54.

Provided, That acquisition and acquisition of land, etc. for a project operator's consent or for a public project under Article 40.

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