beta
(영문) 서울동부지방법원 2015.09.08 2015가단6570

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The gist of the plaintiff's assertion is that the plaintiff succeeded to the property of the deceased C (the deceased on December 25, 2008) by qualified acceptance. The deceased C requested to transfer KRW 26 million from the non-party D, and transferred the amount of KRW 13 million on December 10, 2004 to the defendant's single bank account ordered by D, and KRW 13 million on December 31, 2004, respectively. The defendant did not deliver the above KRW 26 million to D, thus making unjust enrichment.

Therefore, the defendant is liable to return this to the plaintiff as unjust enrichment.

2. The fact that the Plaintiff’s claim for judgment was deposited in the Defendant’s passbook does not dispute the Defendant.

Examining whether the Defendant actually benefited from the above money, according to the statement in the evidence No. 2 (C's complaint), D may recognize the fact that, if the Plaintiff borrowed 26 million won from the F's head of the E Association Housing Association, it believed that D would make an additional repayment of KRW 26 million, and it would lend 26 million from C to the F. < Amended by Presidential Decree No. 26 million; Presidential Decree No. 20648, Feb. 2, 2000; Presidential Decree No. 26 million in the name of G (Defendant's punishment) borrowed 26 million won in G, and the money deposited by the Defendant from the deceased C to the repayment of the above debt. Accordingly, the Defendant did not gain any profit.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.