예금주 확인 등
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance except for the following determination as to this case, and therefore, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(2) On the other hand, the Defendant asserts that the land of this case increases the area of 387 square meters (117 square meters) as the land was substituted in around 1986, and that the liquidation money was paid by the Defendant. As the Defendant paid the liquidation money, KRW 60,372,00 for the increased portion of the compensation amount for the land of this case was acquired without any legal cause by the Plaintiff, and thus, the Plaintiff is obligated to return the said money to the Defendant for unjust enrichment.
On the other hand, there is no evidence to prove that the defendant paid the liquidation money following the change in the area, and even if the defendant paid the liquidation money, the compensation for the increased portion of the land in this case should be reverted to the defendant as a matter of course, and the above argument by the defendant is without merit.
3. Thus, the judgment of the court of first instance is just and the defendant's appeal against the main lawsuit and counterclaim of this case is dismissed in entirety as it is without merit. It is so decided as per Disposition.