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(영문) 대구지방법원서부지원 2020.09.24 2019가단66986
부당이득금 반환
Text

On August 12, 2019, between the Plaintiff and Defendant B, the Plaintiff deposited public officials with the Seo-gu District Court Branch Branch of Seo-gu District Court on August 12, 2019.

Reasons

1. Claim against the defendant B

A. As to the part of the claim against the defendant B among the grounds for the attachment to the indication of the claim

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to the claim against Defendant C

A. When the depositor made a deposit by mistake or when the cause for the deposit ceases to exist, the depositor can recover the deposited goods, and there is no right to claim the withdrawal of the deposited goods by the deposited person. In such a case, the deposited person who received the deposited goods before the deposited goods are recovered is to receive the deposited goods without any legal cause, and is liable to return the unjust enrichment to the deposited person.

(see, e.g., Supreme Court Decision 2015Da4931, Sept. 28, 2016). “Where a deposit is made by mistake” under Article 9(2)2 of the Deposit Act refers to cases where the deposit does not meet the necessary effective requirements, and whether the deposit requirement is satisfied or not shall be objectively determined based on the facts of the cause of deposit stated in the deposit certificate.

(see, e.g., Supreme Court Order 95Ma190, Jul. 20, 1995). B

① Of E shares of 51.5/733.9 square meters in Seo-gu, Daegu District Court (hereinafter “instant real estate”), the registration of ownership transfer was completed on October 21, 1982 with respect to the shares of 51.5/73.9 square meters in the E shares of 733.9 square meters (hereinafter “instant real estate”) to Defendant C, the Daegu District Court’s Seo-gu Branch of the Daegu District Court (Seoul District Court Decision 68522, Oct. 23, 1982), and the registration of ownership transfer was completed on October 21, 1982; ② the Plaintiff, on August 12, 2019, designated the person under deposit as C as 207, and deposited KRW 108,451,270 as the reason for deposit, stating that “The depositer is to receive KRW 108,451,270, the compensation adjudicated by the Central Land Tribunal of Daegu Metropolitan City on the attached land owned by the person under deposit” (hereinafter “Defendant”).

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