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(영문) 청주지방법원충주지원 2019.03.27 2018가단22872

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. As to ① forest land C, 1,547 square meters (hereinafter “instant real estate”) owned by the Defendant from August 26, 1981, the registration of transfer of ownership in the name of Chungcheongnam-si on January 29, 2013 due to the acquisition of public land on January 25, 2013; ② the registration of transfer of ownership in the name of Chungcheongnam-si, Chungcheong-si, D, 3,631 square meters of land (hereinafter “instant secondary real estate”); and the registration of transfer of ownership in the name of Chungcheong-si on August 29, 2012, under the joint title of the instant real estate (hereinafter “each of the instant real estate”) was completed on August 29, 2012, based on the acquisition of public land on August 29, 2012.

B. The Plaintiff, as the Defendant’s representative at the time of the acquisition of each real estate of this case, while performing his duties as the Defendant’s representative, paid each of the total of KRW 13,631,640 (i.e., capital gains tax of KRW 12,392,401, local income tax of KRW 12,239,240, and KRW 54,570,410 (= capital gains tax of KRW 4,79,235, local income tax of KRW 4,791,62,560), and capital gains tax of KRW 54,570,410 on KRW 2 real estate of this case (= capital gains tax of KRW 47,916,235, local income tax of KRW 4,791,620).

C. Meanwhile, the Defendant filed a lawsuit against the Plaintiff for the return of unjust enrichment of 426,270,000 won on the ground that the Plaintiff embezzled the land compensation and obstacles compensation, etc. owned by the Defendant (i.e., KRW 426,27,270,000 on September 11, 2012) on the ground that the Plaintiff embezzled the land of this case as the chairperson of the Defendant from around September 2003 to March 8, 2014, with forged relevant documents without the Defendant’s consent, and completed the registration of ownership transfer in the name of the Plaintiff. The Defendant recognized the Plaintiff’s obligation to return unjust enrichment of 426,270,000 won on the ground that the Plaintiff embezzled the land compensation and obstacles compensation, etc. on September 11, 2012, KRW 310,245,000 on January 116, 2013, KRW 200 on May 14, 2015