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Title
It cannot be deemed that the successful bid price distributed by the defendant in the auction procedure is no legal ground in relation to the plaintiff.
Summary
It cannot be deemed that the successful bid price distributed by the defendant in the auction procedure is no legal ground in relation to the plaintiff.
Related statutes
Civil Act Article 750 (Definition of Unjust Enrichment)
Cases
2014 Ghana 17515 Undue gains
Plaintiff
ConversionA
Defendant
Korea
Conclusion of Pleadings
August 14, 2014
Imposition of Judgment
September 18, 2014
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Cheong-gu Office
The defendant shall pay to the plaintiff OOO and the plaintiff 5% interest per annum from December 7, 2010 to the delivery date of the complaint of this case, and 20% interest per annum from the next day to the day of full payment.
Reasons
The unjust enrichment system imposes an obligation of return on a benefiting party based on the principle of fairness and justice in a case where the benefiting party's property gains lack legal grounds, and it is reasonable to see that in a case where the debtor pays his debt to his own creditor with the embezzled money, the creditor's acquisition of money lacks legal grounds in relation to the relation with the victim, but if the creditor is not negligent in receiving the repayment, the repayment is valid, and the creditor's acquisition of money does not lack legal grounds in relation to the relation with the victim (see, e.g., Supreme Court Decision 2003Da8862, Jun. 13, 2003).
In full view of the records and the purport of the entire pleadings of this case, the registration of transfer of ownership in the name of the plaintiff was cancelled as to the land of this case, since the plaintiff, as to the land of this case, OO-Myeon 257-3 river 615 square meters (hereinafter "the land of this case"), O-Myeon 257-3 river, which completed the registration of transfer of ownership on September 28, 1999 through the auction procedure (OO-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.