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1. The Defendant shall pay to the Plaintiff KRW 495,053,404 and the interest rate of KRW 15% per annum from March 29, 2018 to the date of full payment.
Reasons
1. Basic facts
A. The Yangcheon-gu Seoul Metropolitan Government Association for the Promotion of E-Fiscal Expenses (hereinafter “Union”) with a project implementation district of 174,801 square meters, which is located within the project implementation district, agreed to acquire the Plaintiff’s land size of 97.3 square meters and above ground buildings located within the project implementation district, but did not reach an agreement.
The association applied for adjudication of expropriation, and the local Land Tribunal of Seoul Special Metropolitan City decided to expropriate the above land and buildings by determining the compensation amount of KRW 507,351,930.
B. On November 30, 2016, the Mutual Association deposited KRW 507,351,930 as the depositee of the Plaintiff.
(Seoul Southern District Court No. 6842 in 2016. However, the fact of deposit was stated to the effect that G Co., Ltd. paid 494,353,004 won, excluding 12,98,926 won that it seized and collected against the Plaintiff by the Plaintiff.
C. From around 2012, the Plaintiff was hospitalized by receiving dementia diagnosis, etc., and the Plaintiff was able to look at the Plaintiff.
On March 7, 2017, the Defendant demanded B to obtain the Plaintiff’s certificate of personal seal impression and identification card, and on March 7, 2017, transferred KRW 495,053,404 including the said compensation from the Plaintiff’s account to its account.
On December 22, 2017, the Incheon Family Court commenced limited guardianship for the plaintiff and appointed B as a limited guardian.
(2017 Mono 1698) The scope of the authority of a limited guardian is as shown in the attached Form.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including each number in the case of additional number), and the purport of the whole pleadings
2. Determination
A. Since the Defendant transferred the money in the Plaintiff’s passbook to its own account, if it cannot prove the Plaintiff’s instruction or permission, it shall return the money to the Plaintiff as unjust enrichment.
B. The defendant asserts that the disposition on the compensation for confinement is based on the plaintiff's intention, or that there is the amount to be settled by the plaintiff, and the seal of the plaintiff is affixed thereto.