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(영문) 서울중앙지방법원 2015.07.02 2014가단25595
부당이득금반환
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 30, 2004, the Plaintiffs purchased G forest land of KRW 9,571 square meters from Nonparty F in Gwangju-si from Nonparty F (the sales contract entered as of December 3, 2003) and performed construction work changing the form and quality of the factory site into the factory site after purchasing it in KRW 800 million from Nonparty F in Gwangju-si.

(B) the plaintiff seems to have more land purchased from F, but it is irrelevant to this issue, so no more mentioning is made. (b)

In the above forest land, there were family or son graves established or managed by the Defendants with the consent of the above F.

The defendants received KRW 45 million at the request of the plaintiffs and tried to remove or move the said graves.

C. Accordingly, the Plaintiffs paid the Defendants totaling KRW 45 million, including KRW 25 million on May 19, 2005 and KRW 20 million on May 25, 2005, by means of remitting money to the account under Defendant C’s name.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 4, the purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. The claim for return of unjust enrichment 1) The above KRW 45 million that the plaintiffs remitted to the plaintiffs is the money that the defendants paid for the removal and removal of graves only by asserting that there was a claim equivalent to KRW 45 million against the forest seller F. However, the defendants did not have a claim against F. The defendants did not have a claim against F. Thus, the above money is unjust enrichment and thus they must be returned to the plaintiffs. 2) The unjust enrichment under Article 741 of the Civil Code of 198 is established when the plaintiff gains profits from the other's property without any legal ground and thereby causes losses.

However, even according to the plaintiffs' assertion, the defendants received the above KRW 45 million in return for the above compensation pursuant to the "agreement with the plaintiffs," not to receive the above KRW 45 million without any legal grounds.

The plaintiffs themselves are also the plaintiffs.

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