A senior dividend holder who has failed to file a lawsuit of demurrer against a false wage creditor in a lawsuit of demurrer against distribution may not seek unjust enrichment from a junior dividend holder.

All of the parties asserted as wage creditors are the parties to the compulsory auction case, and some of them are the business career workers, and it is difficult to view them as wage creditors, and it is difficult to dismiss the claim for return of unjust enrichment against subordinate dividend holders raised by the plaintiff who lost the lawsuit of demurrer against distribution.

Article 35 of the Framework Act on National Taxes

2016 Ghana 421130 Undue gains

O Fisheries Cooperatives

Korea

2016.08.23

2016.09.20

1. The plaintiff's claims against the defendants are all dismissed.

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

Cheong-gu Office

Defendant Republic of Korea shall pay to the Plaintiff 1,30,520 won, Defendant Jeon Soo-○○○○, 2,332,260 won, and 5% per annum from February 18, 2016 to the service date of a copy of the complaint, and 15% per annum from the next day to the day of full payment.

【Judgment on the Issues】

The Plaintiff asserted that, as unjust enrichment, the Defendants are obligated to return the Defendants’ dividends to the Plaintiff as unjust enrichment, the Defendants did not withhold dividends from the distribution schedule prepared by the above court on February 4, 2015 with respect to the compulsory auction of real estate (hereinafter referred to as “non-party ○, Ma○, Ma○, Ma○, Ma○○, and ○○ (hereinafter referred to as “non-party 1”) that was superior to the Defendants.

Therefore, it is insufficient to recognize that the written evidence Nos. 4-9, which the Nonparty seems to correspond to the health care unit with respect to whether the Nonparty is a wage obligee who had priority over the Defendants, is insufficient. Rather, the written evidence Nos. 1-3, 1-7, and Defendant Jeon○○○ Personal Examination Results, according to the overall purport of the pleadings, the Nonparty is the friendship of Nonparty Kim○-○, a debtor of the said compulsory auction case, and among them, it is difficult to deem that the Nonparty acquired the wage claim by providing the said Kim○ as an actual labor to him.

Thus, the plaintiff's claim cannot be accepted on the premise that the non-party is a wage obligee with priority than the defendants.