부당이득금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. The Plaintiffs asserted that each of the Plaintiffs has KRW 190,000,000 and damages for delay in relation thereto, respectively.
On July 29, 2013, the Defendant filed an application for a voluntary auction on D Forest land 11,547 square meters, E forest land 606 square meters, F forest land 6,792 square meters, and rendered a decision to commence the auction of real estate on July 29, 2013.
(hereinafter “The instant voluntary auction”). Afterward, the Defendant received dividends of KRW 900,000,000 in the instant voluntary auction procedure.
However, although the Defendant had only a loan of KRW 520,000,000 or a loan of KRW 520,000 for R&C or a loan of KRW 380,000 in excess of the said money in the instant voluntary auction procedure, the Defendant was paid more than the said money.
As a result, the defendant obtained a profit equivalent to 380,000,000 won without any legal cause, and suffered a loss equivalent to the same amount of money in R&C.
Therefore, the Defendant is obligated to pay KRW 380,000,000 as unjust enrichment return to Ho Young L&C. Accordingly, the Plaintiffs seek payment of the said money against the Defendant on behalf of the Defendant, who is insolvent, with the above claim against Ho Young L&C as preserved claim.
2. The reasoning of the judgment in light of the evidence No. 2, it is insufficient to acknowledge that the Defendant’s obligation to return unjust enrichment against the Ho Youngdi C&C is merely KRW 520,000,000, and there is no other evidence to acknowledge that the Defendant bears the obligation to return unjust enrichment against the Ho Youngdi C&C, as otherwise alleged by the Plaintiffs.
Therefore, the plaintiffs' assertion on a different premise is without merit.
3. In conclusion, the plaintiffs' claims of this case are all dismissed as it is without merit. It is so decided as per Disposition.