보관금
The plaintiff's appeal and the preliminary claim added in the trial are all dismissed.
costs of lawsuit after an appeal are filed.
Basic Facts
On June 21, 2010, the Plaintiff transferred KRW 5,700,00 from the Defendant’s account to the Defendant’s account.
(hereinafter) Of the above money, 4 million won is the money to secure the removal of dangerous substances storage and disposal facilities on the ground (hereinafter “instant land”) and underground oil tank, etc. (hereinafter “one building” and “one building, etc.”) on the ground that there is no dispute about the said money [based on recognition], and the said money is the money to secure the removal of the Plaintiff’s main claim as to the Plaintiff’s claim as to the Plaintiff’s claim as to the Plaintiff’s claim as to the Plaintiff’s claim as to the Plaintiff’s claim.
Since the Plaintiff was entirely removed by November 15, 2018, the Defendant is obligated to return the instant money to the Plaintiff.
If the Plaintiff paid the instant money to the Defendant as the costs of lawsuit, the remaining KRW 3,760,540, which remains after deducting KRW 239,460,00 among them, cannot be known as whether the Defendant actually paid the said money as the costs of lawsuit. Therefore, the Defendant is obligated to return the said money to the
The evidence presented by the Plaintiff alone is insufficient to recognize that the instant money was deposited to secure the removal of the first building, etc., or that the Defendant was partially unjust enrichment, and there is no other evidence to acknowledge it.
Rather, considering the following circumstances, it is reasonable to view that the instant money was paid by the Plaintiff as a reimbursement of litigation costs at the Defendant’s request, etc., in full view of the respective descriptions of evidence Nos. 1, 4, 6, 7, 9, 10, and 14 and the purport of the entire pleadings.
The plaintiff's above assertion is without merit.
There is no agreement to recognize that the amount of this case has been paid as the money for the purpose of securing the removal of the first building, etc.
On February 13, 2007, the registration of ownership in the name of the plaintiff and the registration of ownership transfer in the name of E were completed.
The defendant on January 22, 2008.