(영문) 대전지방법원 2015.05.21 2014나105026

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(영문) 대전지방법원 2015.05.21 2014나105026

부당이득금

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1.The judgment of the first instance, including a claim for return of unjust enrichment selectively joined, shall be modified as follows:

Reasons

1. The reasoning of the court's explanation concerning this case is that the "real estate" of the second instance court's judgment in accordance with the 19th instance court's ruling in this case is dismissed as "land", and the third third party's "amount" in the 13th court's ruling in this case is added as "return or unjust enrichment", and the third party's 14th and below are the same as the entry of the grounds of the judgment in the first instance court's judgment in addition to the use of the third party's 14th and below as stated in the 2th court's judgment.

2. Parts to be dried;

B. In full view of the statement No. 5, testimony of witness F of the first instance trial, fact-finding results of the first instance court's fact-finding, and the overall purport of the arguments, the public official in Gunsan-si received the above notice that the defendant's credit amount is KRW 46,819,50 from G who is the mother of the plaintiff representing the plaintiff and stated the defendant's compensation amount to be received at KRW 46,819,550 in the above delegation letter of compensation payment. Thus, the plaintiff's act of making the above delegation letter of compensation payment and allowing the defendant to receive compensation is valid as the third party's payment.

Therefore, since the defendant's receipt of compensation equivalent to B and the plaintiff's land use fee cannot be deemed as unjust enrichment without any legal ground, the plaintiff's above assertion is without merit.

C. Although there is no dispute between the parties that a public official of the port/port office shall pay B land usage fees to the Plaintiff, a public official of the port/port office who is entitled to claim damages due to a tort is entitled to pay B land usage fees, a public official of the port/port office actively makes a false statement to the Plaintiff that the public official of the port/port office releases the seizure of the land of this case with the Plaintiff’s obligation to pay B

(2) B, with respect to such public official.

참조조문

-민사소송법 제420조

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