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(영문) 부산지방법원 2015.10.22 2014가단251415
부당이득금
Text

1. The Plaintiff; Defendant B’s KRW 20,340,968; Defendant C and D respectively; and Defendant C and D’s amounting to KRW 13,560,645 from June 24, 2014.

Reasons

1. Facts of recognition;

A. E, the owner of each real estate listed in the separate sheet (hereinafter “instant real estate”), died on August 10, 1994 (hereinafter “the deceased”), and his heir, who was a child, F, Plaintiff, G, H, and I, succeeded to the pertinent real estate in proportion to 1/5 shares, respectively.

B. Meanwhile, real estate was registered under the name of the deceased without registration of inheritance, but the J redevelopment and improvement project association (hereinafter “development project association”) accepted the above real estate under the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and deposited KRW 237,31,300 for the deceased’s heir as Busan District Court Decision 834 in 2014.

C. On June 24, 2014, the Plaintiff delegated F, the Republic of Korea, to F, the withdrawal and recovery of the right to claim payment of deposit money, and F, on the same day, paid KRW 47,462,260 to the Plaintiff’s compensation.

F Around 2014, the F died, and the heir was the defendant C, C, and D, the wife, and the defendant B inherited at the ratio of 2/7 of each of the 2/7s.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. Judgment based on a constructive confession as to the claim against Defendant B: Article 208(3)2 of the Civil Procedure Act

3. Determination as to the claim against Defendant C and D

A. According to the facts seen earlier as to the cause of the claim, the deceased F incurred losses equivalent to the above amount by acquiring the Plaintiff’s compensation for expropriation without any legal cause.

Therefore, barring any special circumstance, the network F is obligated to return it to the Plaintiff, and the Defendants, the inheritor, are obligated to return it to the Plaintiff in proportion to the share of inheritance.

B. As to the Defendants’ assertion, the Defendants owned the real estate in this case owned by the networkF and K, which is the former part of the network, and thus, the Plaintiff is obliged to return unjust enrichment to the Plaintiff.

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