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(영문) 의정부지방법원 2017.06.01 2016나5819
부당이득금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The plaintiff's assertion that the defendants requested 5 million won to the plaintiff, who operated E in Yongsan-gu, Yongsan-gu (hereinafter "the apartment of this case") around November 2009, under the influence of the defendants in the apartment of this case, for a dispute over the council of occupants' representatives in relation to the apartment of this case, and received the above money from the plaintiff. Since the above money is the money which the defendants got out of the plaintiff or was forced to receive against the plaintiff, the defendants should return the above money to the plaintiff as unjust enrichment.

2. On November 2009, there is no dispute between the parties that the Plaintiff paid KRW 5 million to the Defendants as attorney-at-law fees. However, on the sole basis of the evidence No. 1, the Defendants threatened the Plaintiff with intimidation of KRW 5 million.

or without any legal cause, it is not sufficient to recognize that the said money was paid without any legal cause, and there is no other evidence to acknowledge it.

(1) According to the above evidence, the plaintiff's appeal against the defendants is dismissed on the following grounds: (a) the plaintiff filed a complaint against the defendants under the suspicion of factory accusation; (b) the non-prosecution disposition against the defendants was issued; and (c) the plaintiff's claim of this case shall be dismissed in its entirety as it is without merit; and (d) the judgment of the court of first instance is just in conclusion. Therefore, the plaintiff'

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