양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The movable property indicated in the Plaintiff’s argument list (hereinafter “the movable property of this case”) is owned by C (B prior to the opening of a name), and upon around March 2002, C had the Defendant, who was employed as the head of the F Graveyard E in the Suwon-si Suwon-si Office, and had the Defendant reside in the management office of the said park cemetery, and had the Defendant receive KRW 1,00,000 annually from the Defendant to the fee for the use of the movable property of this case.
However, the defendant did not pay the above usage fee to C.
Accordingly, on September 24, 2012, C paid user fees and urged the Defendant to return the instant movable property, but the Defendant did not perform this.
On July 15, 2015, the Plaintiff received transfer of C’s ownership of the instant movable in lieu of payment of KRW 5,000,000 among the claims of KRW 320,000,000 based on the payment order in the Suwon District Court, Sung-nam Branch of Suwon District Court case of KRW 20,000,000, and the claim for refund of usage fees, etc. held against the Defendant.
Therefore, the Defendant is obligated to return the instant movable property to the Plaintiff and pay unjust enrichment equivalent to the usage fees or usage fees of the instant movable property.
2. It is difficult to acknowledge that C is the owner of the instant movable property or that C agreed with the Defendant to receive the usage fee of the instant movable property solely with the descriptions of the evidence Nos. 1 to 6 (including each number), and there is no other evidence to prove otherwise.
Rather, the following circumstances can be revealed in light of the purport of the entire pleadings in the statement Nos. 4, 5, and 2 of the evidence No. 4, 5, and 2.
① The instant movable property is deemed to have been supplied by G from Nongdong Co., Ltd., and G did not pay the price of the instant movable property on the ground that C, the former representative director of G, personally received orders for the instant movable property. Accordingly, inasmuch as Nongdong Co., Ltd. intended to recover the instant movable, it was the instant movable property.