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(영문) 서울동부지방법원 2018.08.24 2017가합110050
부당이득금
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Around March 2003, Non-Party E, the gist of the plaintiffs' assertion, ordered the Defendant to pay real estate investment funds to the Defendant and establish a local subsidiary of Cambodia (hereinafter "local subsidiary"), F, and purchased 120,684 square meters of land located in Cambodia G in the name of the said corporation (hereinafter "the instant real estate").

After October 2012, the network E ordered the Defendant to sell the instant real estate, and the sale was made around October 27, 2014, and the Defendant received all the purchase price around February 23, 2015.

Therefore, the Defendant had a duty to return the above real estate purchase price to the network E, but did not return it, so the network E had a claim for return of unjust enrichment against the Defendant, and the Plaintiffs inherited the claim for return of unjust enrichment from the network E.

Plaintiff

A has the respective inheritance shares of 2/9 by Plaintiffs B, C, and Non-Party H.

However, since the expense is deemed to have been disbursed in the course of selling the real estate in this case, it is partly claimed for USD 436,66.

Ultimately, according to the Plaintiffs’ inheritance shares, the Defendant is obligated to pay the Plaintiff USD 145,55 (i.e., USD 436,666 x 3/9), USD 97,036 (i.e., USD 436,66 x 2/9) and damages for delay from February 23, 2015 for which the Defendant received the purchase price.

2. Determination as to the cause of action

(a) The following facts of recognition do not conflict between the Parties, or are recognized by adding the whole purport of the pleadings to the statements in Gap evidence Nos. 2, 3, 5, 7 (including a Serial number; hereinafter the same shall apply), Eul evidence Nos. 1, 3 through 5, 8, 11, 12, and 17:

1) Plaintiff A is the spouse of Nonparty E, and Plaintiff B and C are children between Plaintiff A and the deceased E.

B) From June 1997 to June 2008, the Defendant is the I of Cambodia (hereinafter “I Bank”) in which the network E was a major shareholder.

(c) the I Bank shall have worked as the president of the Bank, 51 per cent of the net E;

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