부당이득금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The fact that the Plaintiff, from July 1, 2001, purchased LPG fuel for transport with credit cards, debit cards, or credit cards or debit cards or debit cards (hereinafter “welfare cards for persons with disabilities”) attached to the welfare cards for persons with disabilities from around July 1, 2001 pursuant to the guidelines prepared by the Ministry of Health and Welfare and Article 39 of the Welfare of Persons with Disabilities Act (Guidance for Welfare of Persons with Disabilities) and the Ministry of Health and Welfare (hereinafter “instant support policies”), has implemented the policy to support the purchase of LPG fuel discount on automobiles used by persons with disabilities by compensating for the amount of taxes.
The Defendant, as a guardian of B, applied for a welfare card for disabled persons under the name of the Defendant, and received discount from the purchase cost of LPG fuel. The Defendant received 728,280 won at a discount from July 1, 2007 to September 4, 2008 using the above welfare card for disabled persons from July 1, 2007, when he died of B.
According to the guidelines for welfare programs for persons with disabilities formulated in 2003 by the welfare division, guardians of persons with disabilities shall return welfare cards for persons with disabilities if persons with disabilities die, and the head of Eup/Myeon/Dong shall check whether guardians of persons with disabilities who have been issued welfare cards for persons with disabilities have cancelled their resident registration due to the unknown residence of persons with disabilities from time to time and if so, register the cancellation of the registration of persons with disabilities
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 5, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Defendant asserted that the Defendant was exempt from the scope of LPG discount support due to the death of the disabled Party B, but received the LPG discount support amounting to KRW 728,280 from the Plaintiff by using the welfare card for the disabled, etc., so unjust enrichment to the Plaintiff.