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(영문) 전주지방법원 2015.11.24 2015가단14190
삼문 건물인도
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. On March 21, 2010, the gist of the Plaintiff’s claim, the Defendant clan decided to newly build the main body of the Defendant clan, A, and fences on the ground of the following: (a) accordingly, the Plaintiff, a member of the Defendant clan, who is the general manager of the Defendant clan, newly build A (hereinafter “instant A”) on the ground above the Plaintiff’s expense of KRW 17,702,00; (b) the Defendant clan did not pay the above expense to the Plaintiff; and therefore, the Defendant clan ought to deliver the said expense to the Plaintiff.

B. Therefore, we examine the following circumstances, which are acknowledged as comprehensively considering the overall purport of arguments in the records (including each number) No. 1, 5, 12, and No. 2 of the plaintiff's family, that is, the defendant's family is a building newly constructed according to the resolution of the clan because it is necessary for the maintenance and activities of the clan such as the starting of the clan, and the plaintiff has managed the property of the defendant's clan as the general member of the clan and has included expenses incurred in relation to the disbursement of expenses incurred in the construction of the new building and the starting of the clan (not only with the plaintiff's own account but also with the management of the property of the defendant's clan). Accordingly, even if the plaintiff paid his personal money for the new construction of the plaintiff's family in the course of the new construction of the plaintiff's family of this case, it is deemed that the building owner of this case is the defendant's family ownership as the defendant's family, and therefore, the plaintiff's new establishment of the defendant's family is not a plaintiff's unjust enrichment against the defendant's plaintiff.

I would like to say.

Therefore, A. of this case

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