2011Da91128 Unlawful gains

A person shall be appointed.

Korea

The Minister of Justice

Seoul Central District Court Decision 2011Na31187 Decided October 7, 2011

January 10, 2013

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to Article 3 of the Trial of Small Claims Act, with respect to small claims provided for in Article 2 of the above Act and Article 1-2 of the Rules on Trial of Small Claims, the judgment on whether to violate the Constitution or not to issue an order, order, rule or disposition and whether to violate the law or to issue an order, rule or disposition may be appealed only when the judgment contrary to the precedents of the Supreme Court is rendered (No. 1).

The gist of the plaintiff's argument in the grounds of appeal is that the court below's rejection of the plaintiff's claim for the return of unjust enrichment in this case, considering that it is valid even though the defendant's act of offsetting the plaintiff's expenses incurred in the court for the plaintiff's civil procedure and the money held in custody is illegal and invalid according to the guidelines of this case where there is no legal delegation basis and no legal effect, violates the superior laws such as the Constitution and the Supreme Court precedents, and there are errors of mistake

However, in light of the relevant legal principles and records, the judgment of the court below does not seem to have a reason corresponding to “when it makes a decision contrary to the precedents of the Supreme Court” when determining whether to violate the Constitution or not to issue an order, order, rule or disposition, or to violate the law. In addition, the argument that the judgment of the court below erred by mistake of facts, etc. is not a legitimate ground for appeal in the small amount case itself.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Chang-suk

Justices Yang Chang-soo

Chief Justice Park Poe-dae

Justices Go Young-young