부당이득금
1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
1. Facts of recognition;
A. The Plaintiff was entrusted with the management and disposal of the instant real estate by the Republic of Korea, who is the owner of the instant real estate (hereinafter “instant real estate”) in the Syang-si Mayang-si 412-2, 412-10, 412-11, and 1277-67 real estate in the same city drawings.
B. The Defendant occupied the instant real estate as an elementary school site, etc. without permission as shown in the attached Table.
[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant is obligated to return unjust enrichment from the possession of the real estate in this case to the plaintiff entrusted with the authority to manage and dispose of the real estate in this case by the Republic of Korea, since the defendant occupied and used the real estate in this case owned by the Republic of Korea without any legal cause and thereby inflicted damage on the Republic of Korea.
3. Judgment on the defendant's defense
A. The defendant filed the instant lawsuit against the Office of Education, and the Office of Education is merely an unincorporated institution and thus does not have the standing to be a party. Thus, the instant lawsuit is unlawful.
The plaintiff brought a lawsuit against the defendant at the time of the plaintiff's filing of the lawsuit in this case, but the fact that the defendant changed the defendant to the Gyeongnamnam through the application for correction of the indication of the party on April 3, 2014 is obvious in the record, and therefore the defendant's defense is without merit.
B. The defendant asserts that the disposition of imposing indemnity is an administrative disposition and thus the claim of indemnity cannot be made by means of civil procedure.
On the other hand, the right to impose and collect indemnity is different from the civil right to claim restitution of unjust enrichment, so the state has the legal nature of indemnity against unauthorized occupant.