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(영문) 전주지방법원군산지원 2015.06.04 2014가합11453
보관금반환
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. Facts of premise;

A. The plaintiff is a clan that makes D's 16 years of age E as a joint ancestor, and the defendant is the plaintiff's clan member.

N 127,29,860 won, each of L 339,46,510 won, i, J, K, and L, respectively.

B. Each land indicated in the separate sheet (hereinafter “instant land”) was the Plaintiff’s ownership and was in the name of F, which was the Plaintiff’s representative at the time of the circumstance, and the Plaintiff’s ownership transfer registration was completed in the future, such as I, J, K, L and net M’s co-inheritors (hereinafter “the above five co-inheritors”) through G, H, etc., and upon expropriation of the instant land around July 2005, I and four others received compensation from the Korea National Housing Corporation on February 16, 2006 as follows.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion was that the Defendant and the non-party I and the non-party IV were not allowed to arbitrarily consume the land compensation to be reverted to the Plaintiff, but they collected some of them and remitted money to the Defendant’s account. Of the land compensation that the Defendant received from the non-party I and the non-party four, the money kept by the Defendant is indicated in the column of “storage money” as set forth below.

As such, the Defendant, without legitimate authority, has to keep part of the land compensation received by the non-party I and four persons, and thus, the Defendant is obligated to return the said money to the non-party I and four persons, and the Plaintiff, who is a legitimate recipient of the said land compensation, has a claim for return of unjust enrichment equivalent to

Therefore, the Plaintiff, as a creditor against I and four others, sought the return of the respective custody money as listed in the table 1 to 3 by subrogation of I, J, and K, who is currently insolvent, to the Defendant, and ② the assignee of the claim against the Defendant, who is the heir of the deceased L (Death May 23, 2009) and who is the assignee of the claim against the Defendant, who is the assignee of the claim for the return of the custody money that he/she owns against the Defendant, the Defendant is entitled to the return of the custody money as listed in the table 4 and 5 below.

A person who is entitled to subrogation.

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