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(영문) 서울북부지방법원 2016.10.20 2015가단135344

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff, as the owner of C, 657 square meters in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant land”), has the right to receive land compensation from the Daejeon Regional Land Management Office.

B. However, the Defendant, after forging the Plaintiff’s seal imprint, forged the Plaintiff’s certificate of actual owner on August 11, 1994 and the claim for land purchase price under the Plaintiff’s name on April 3, 1995, and opened a bank deposit account in the Plaintiff’s name, and received KRW 20,652,50 through the said bank deposit account in the name of the Plaintiff, KRW 5,146,450, and KRW 1,878,300 through the agricultural bank deposit account in the F’s name.

C. Meanwhile, on June 12, 2015, the Defendant, who received a claim from the Plaintiff on the acquisition of land compensation by deceptive means as above, repaid KRW 18 million to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the land compensation and its interest [the amount of KRW 36,937,446 [the amount of KRW 27,260,196, which is calculated at the rate of 5% per annum from October 5, 1995 to June 11, 2015]; the amount of KRW 18 million]; and delay damages.

2. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1, 2, 6, and 10 as to the land of this case, the Plaintiff’s written application for confirmation of actual owner on August 11, 1994 and the written claim for land price (20,652,500 won) on April 3, 1995 under the Plaintiff’s name; the Plaintiff demanded the Plaintiff to return the land by forging the document to the Defendant, thereby obtaining a payment of KRW 28 million from the Defendant on June 12, 2015; and there is a lack of evidence to acknowledge that the Defendant acquired the land from the Plaintiff by means of the document fraud.