beta
(영문) 서울중앙지방법원 2016. 11. 03. 선고 2016가소5771068 판결

착오로 체납자의 계좌이체를 한 경우 부당이득반환청구의 가부[국승]

Title

If a delinquent taxpayer's account transfer has been made by mistake, the denial of the claim for restitution of unjust enrichment

Summary

Where a client transfers his/her account to a bank account of the payee, the payee shall obtain deposit claims equivalent to the amount of the account transfer from the bank account transaction bank, regardless of whether the legal relationship of such account transfer exists, and the transferring requester shall not seek non-permission of compulsory execution against the deposit claims made by the payee's creditor.

Related statutes

Article 24 of the National Tax Collection Act

Cases

Seoul Central District Court 2016 Ghana5771068 Undue gains

Plaintiff

AAAAA

Defendant

Korea

Conclusion of Pleadings

November 3, 2016

Imposition of Judgment

November 3, 2016

Text

1. The plaintiff's claim is dismissed.

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

Cheong-gu Office

Defendant’s delivery date of KRW 16,94,400 to the Plaintiff and a copy of the complaint of this case

C. It shall pay 15% interest per annum from the date of full payment to the date of full payment.

* The ruling of small-sum case may choose not to state the reasons in accordance with Article 11-2(3) of the Trial of Small Claims Act.