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(영문) 서울중앙지방법원 2013.12.26 2013가단5112121
부당이득금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. From February 2003, the Plaintiff asserted that the Plaintiff paid KRW 54,360,000 for the total amount of the subscription fees to the Seoul University’s junior association (hereinafter “ already established association”), but each of the above subscription fees was paid without any legal grounds.

The defendant succeeded to the accounts under the Act on the Establishment and Operation of Seoul National University, which is a malicious beneficiary. The accounts consisting of assets, liabilities, and capital, and the defendant eventually succeeded to all the property and rights and obligations constituting the accounts of the Sungsung Council, and therefore, it shall be deemed that the Sungsung succeeded to the obligation to return unjust enrichment owed to the plaintiff by the Sungsung Council. Therefore, the plaintiff is obliged to pay each of the above fees and the statutory interest and delay damages from the date of receipt thereof to the plaintiff.

2. First of all, we examine whether the Defendant comprehensively succeeded to the rights and obligations of the sexual conference.

The defendant was established in accordance with the Act on the Establishment and Management of Seoul National University, a national university established on December 27, 2010 and enforced on December 28, 2011.

The main text of Article 8(1) of the Addenda to the above Act provides that “The Defendant succeeds to the rights and obligations of the State that occurred in connection with the management of the previous Seoul National University.”

However, there is no provision that the defendant does not succeed comprehensively to the rights and duties of the sexual conference, and otherwise, the defendant comprehensively succeeded to the rights and duties of the sexual conference with independent legal personality as an unincorporated association.

There is no evidence to deem that there was an individual acceptance of the obligation to return unjust enrichment against the Plaintiff.

However, Article 11 of the Addenda to the above Act provides that the defendant's corporate accounting shall succeed to the accounting of the previous Seoul University National Treasury subsidy and the accounts of the sexual council. However, it cannot be viewed as a provision on the succession of rights and obligations.

The account is a summary of recording, classification, and specification of trade ideas.

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