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(영문) 수원지방법원 평택지원 2017.02.08 2016가단12408
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The plaintiff's assertion that the plaintiff's purchase price was KRW 32 million deposited by the defendant's head of Tong C in the defendant's wife and KRW 62,50,000,000,000, which was the aggregate of the purchase price of earth and sand taken out on the land A in Ansan-si and Ansan-si, shall be returned to the plaintiff as unjust enrichment.

B. On the other hand, it is not clear whether the plaintiff filed a counterclaim on the grounds that the plaintiff's assertion lacks the body of body, and it is reasonable for the plaintiff to accurately file a counterclaim, and the defendant has the burden of proving that the defendant took advantage of the above 62.5 million won without any legal ground. The evidence submitted by the plaintiff alone is only acknowledged that the plaintiff remitted a sum of 32 million won to the head of Tong in the name of the defendant's wife C, and it is not proved that the defendant took advantage of the above 62.5 million won without any legal ground as alleged by the plaintiff. Thus, the plaintiff's argument is without merit.

2. In conclusion, the plaintiff's counterclaim of this case is without merit, and it is so decided as per Disposition.

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