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의정부지방법원 2015.01.23 2014나8487
부당이득금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a white father of the defendant, and C is the father of the defendant.

B. C remitted to the Plaintiff KRW 20 million on November 8, 2004, and KRW 50 million on October 10 of the same month, and the Plaintiff purchased the money received from C and the money he possessed from C, and completed the registration of ownership transfer on January 19, 2005, after purchasing the money of KRW 331 square meters on the said land, and selling the said land to E on April 29, 201.

C. C is above B.

With respect to the receipt and payment of the amount stated in the claim, the court filed a lawsuit claiming a loan (hereinafter “related lawsuit”) against the plaintiff as the District Court Decision 2012Ga48107, and on March 11, 2014, the above court rendered a judgment to the effect that “the defendant (the plaintiff in this case is the plaintiff in this case) shall pay 41,760,742 won to the plaintiff (the plaintiff in this case) and interest for the delay thereof.” Accordingly, the defendant in the above case (the plaintiff in this case is the plaintiff in this case) is still pending in the appellate court as of the date of the closing of argument in the court of the first instance (the District Court Decision 2014Na5914).

Meanwhile, from December 9, 2004 to March 21, 2006, the Plaintiff remitted 4.5 million won per month to the Defendant’s account (hereinafter “the instant money”), and from February 27, 2006 to December 8, 2009, transferred KRW 300,000 per month to C’s account.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the Plaintiff remitted the instant money to the Defendant’s account, a son, to repay the Plaintiff’s investment debt, etc., and C denies the receipt of the instant money in the relevant lawsuit.

Therefore, the Defendant unduly unjust enrichmentd the above money.

As such, they must be returned to the plaintiff.

B. We examine whether the Plaintiff remitted the instant money to the Defendant without any legal ground.

According to the statements of evidence Nos. 1 and 2, C is a related lawsuit.

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