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Reasons
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(영문) 수원지방법원 2018.05.16 2016가단800750
부당이득금
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1. Defendant H: (a) 1,000,000 won for Plaintiff B; (b) 5,000,000 won for Plaintiff C; (c) 1,000,000 won for Plaintiff E; and (d) 3,000 won for Plaintiff F.

Reasons

1. Basic facts

A. The Plaintiffs deposited money in the name of Defendant H or Defendant I, the president of the non-party clan, for the purchase of the land owned by JJ (hereinafter “non-party clan”), as follows:

- Plaintiff A: Defendant I’s passbook of KRW 2,00,000 and Plaintiff B: February 11, 2015, as Defendant I’s passbook of KRW 1,00,000,000; Plaintiff C: July 9, 2014, as Defendant H passbook of KRW 5,000,000, and Plaintiff D: Defendant I’s passbook of KRW 3,000,000 on January 13, 2015; Plaintiff E: May 29, 2015, as Defendant H passbook of KRW 1,00,000,000 and Plaintiff F: Defendant H of KRW 3,00,000 on May 29, 2015, Defendant H of KRW 3,000,000, G:000 on May 29, 2015, Plaintiff C of KRW 5,05, 205.

B. At the time, the non-party clan was decided at the general meeting to sell a part of the clan and use it as a clan, but the general meeting did not pass a resolution on selling the land owned by the non-party clan to the plaintiffs.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 through 8 (including the number of each branch), the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendants, who are liable for damages caused by the tort, have the authority to sell the land owned by the non-party clans, by deceiving the plaintiffs as if they had no authority to do so, so the Defendants are jointly obligated to pay each of the above amounts to the plaintiffs as compensation for losses caused by the tort.

B. Since the agreement to purchase the land owned by the non-party clan was null and void due to the lack of the resolution of the general meeting of the non-party clans responsible for the return of unjust enrichment, the defendants jointly have a duty to return the above amount to the plaintiffs

3. Determination

A. As to the assertion of liability for damages, each statement of No. 2, No. 7-1, No. 2, and No. 7-3 is sufficient to find that the Defendants deceiving the Plaintiffs as if they were not authorized, even though they did not have the right to sell the land owned by the non-party clan.

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