부당이득금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by each person;
1. Summary of the parties' assertion as to the cause of the instant claim
A. The Plaintiff asserted that, while operating the household store with the trade name “D” in Goyang-si, the Plaintiff left the Defendant to keep the movable property indicated in the attached list (hereinafter “instant household”).
However, the Defendant, without the consent of the Plaintiff, disposes of the instant household of the amount of KRW 5,500,000 at the market price without permission, and took profits without any legal ground. ① The Defendant primarily sought the return of the instant household, and ② The Defendant sought a return of unjust enrichment equivalent to the price or a claim for damages.
B. The Defendant’s assertion was closed in around 2003, notified the customer of the closure of the business, and did not end his best to settle and settle the dispute. The claim for the instant household was 14 years after the lapse of the extinctive prescription.
2. In full view of the purport of the entire arguments, it is recognized that the article custody certificate of February 21, 2002 (hereinafter “the article custody certificate of this case”) was prepared on February 21, 2002 between the Plaintiff and the Defendant stating that “the above article shall be kept in custody of a household equivalent to KRW 5,500,000,000, and shall not be raised any civil or criminal objection even if it was recovered by the Plaintiff without the Defendant’s approval, and all rights shall be the Plaintiff.”
However, since the fact that the Defendant did not occupy the instant household no longer exists between the parties, or is recognized by the purport of the entire pleadings, the argument regarding the conjunctive claim seeking the return of the said household is difficult to accept.
Furthermore, the extinctive prescription of a claim for damages or a claim for return of unjust enrichment arising from a disposition is complete if the claim arising from a commercial activity is not exercised for five years (the extinctive prescription of a claim under the Civil Act shall expire after the lapse of ten years), and the Plaintiff’s household in this case.