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Title
No petition may be filed for non-performance of compulsory execution against the money transferred by mistake of remittance
Summary
In the case of an erroneous transfer, the remitter has the right to claim the return of unjust enrichment against the payee, and it is not possible to request the creditor of the payee to refuse the compulsory execution against the deposit claim made by the payee.
Related statutes
Article 741 of the Civil Act: Contents of Unjust Enrichment
Cases
Suwon District Court 2018Na91339 Demurrer against distribution
Plaintiff
Co., Ltd. 000
Defendant
Korea
Conclusion of Pleadings
on October 30, 2019
Imposition of Judgment
on January 20, 2019
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Reasons
1. Quotation of judgment of the first instance;
The court's explanation on this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main text of Article 420 of the Civil
2. Conclusion
Thus, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance shall be dismissed.
As above, the plaintiff's appeal is justified as it is dismissed as it is without merit. It is so decided as per Disposition.