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(영문) 청주지방법원 2018.01.05 2016가단110338

부당이득금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the Parties:

The Plaintiff owned a building area of 6,707 square meters in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu. However, the said land was expropriated by the Korea Industrial Complex Corporation and the Chungcheong Development Corporation around August 2014.

B. Of the above land, there was a potteries on the ground surface of 337 square meters in the part inside the ship which connects each point in sequence, among the attached drawings (1), (2), (3), (4), (5), (6), (7), and (1).

C. On August 28, 2015, the Defendant received KRW 74,966,670 from the Korea Industrial Complex Corporation and the Chungcheong Development Corporation as the compensation for expropriation of the instant horse.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) held D’s 1/2 shares before 1984, D’s 1/4 shares, Defendant’s 1/4 shares, and E’s 1/4 shares. However, D’s death and F’s 1/2 shares were transferred to the Plaintiff, who was the owner of the said land in lieu of land rent. Notwithstanding the Plaintiff’s 1/2 share right holder of the Marina, the Defendant gains profits without any legal ground by receiving the amount equivalent to the Plaintiff’s shares out of the above compensation, and incurred considerable damages to the Plaintiff. Accordingly, the Defendant is obligated to return the Plaintiff’s above compensation amount to the Plaintiff as unjust enrichment. Accordingly, since the Defendant’s claim was filed against G, the instant claim for the delivery of the Marina (Cheongju District Court 2012Na3105) through the Defendant’s claim against G, the Plaintiff and the Defendant’s 1/2/12 of the Marina, 2012 were independently owned by the Defendant and the Plaintiff were not the Defendant.

B. Therefore, we examine whether the Plaintiff acquired 1/2 of the Ama of this case from F, who is the heir of D.

In addition, Gap evidence No. 2 and Gap evidence No. 8 (including paper numbers) are used as evidence corresponding thereto.