(영문) 수원지방법원 2019.05.21 2018가단20862

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Reasons

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(영문) 수원지방법원 2019.05.21 2018가단20862

부당이득금반환

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

2. The costs of lawsuit shall be.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of Gap evidence of 1 to 12, Eul evidence of 1 to 4, and the purport of all pleadings.

① From December 2017 to January 2018, 1/8 of the Plaintiff (Appointed Party) and the designated parties’ respective share in the land E, F, and G (hereinafter “each of the instant lands”) were acquired through consultation with the Republic of Korea as a public site.

② From February 2018 to April 2018, the Plaintiff (Appointed Party) and the designated parties paid KRW 10,000,000 each of the compensation received through consultation on public land acquisition (hereinafter “Nonindicted Party-Appointed Party-Appellee”).

2. The plaintiff (appointed party)'s assertion and judgment on this issue

A. The share of the Plaintiff (Appointed Party) and the designated parties among each land in this case’s assertion by the Plaintiff (Appointed Party) is not title trusted by Nonparty 1’s clan.

Nevertheless, the Defendants filed a complaint against the crime of embezzlement in the event they did not pay 10,000,000 won out of the compensation paid from the Republic of Korea, claiming that the co-ownership of the Plaintiff (appointed parties) and the designated parties were nominally held in trust by the non-party clans Association, which is the party to the crime of embezzlement.

The plaintiff (Appointed Party) and the designated parties are not made by these coercions and paid 10,000,000 won to the non-party clans Association each. Thus, the defendants are jointly obligated to return 10,000,000 won to the plaintiff (Appointed Party) and the designated parties.

B. The evidence Nos. 1 through 12 alone is insufficient to acknowledge the fact that the Defendants committed a coercion act with illegality in the process of paying KRW 10,000,000 to the non-party relatives’ association each by their respective 10,000,000, and there is no other evidence to acknowledge it.

The plaintiff (appointed party)'s assertion cannot be accepted.

3. Conclusion of the Plaintiff (Appointed Party)’s Defendants.

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