CONTENTS
- 1. A Client Who Sought a Jeju Civil Litigation Attorney
- - The Complaint the Civil Litigation Attorney's Client Received
- 2. Unjust Enrichment as Explained by the Jeju Civil Litigation Attorney
- - The Action for Return of Unjust Enrichment as Explained by the Civil Litigation Attorney
- 3. The Defense of the Action for Return of Unjust Enrichment Undertaken by the Jeju Civil Litigation Attorney
- 4. The Result of the Defense of the Action for Return of Unjust Enrichment Undertaken by the Jeju Civil Litigation Attorney
1. A Client Who Sought a Jeju Civil Litigation Attorney
The client who sought the Jeju civil litigation attorney explained that the client had been sued for the return of unjust enrichment by a longtime friend.
The client explained that, although they felt wronged, defending the lawsuit came first, and so they sought the Jeju civil litigation attorney.
The client also explained that the client had already been sued in a criminal case over the same matter and charged with fraud, but the charge had not been recognized and the case had resulted in non-referral.
The Jeju civil litigation attorney reviewed the complaint the client had received in order to defend the client's lawsuit.
The Complaint the Civil Litigation Attorney's Client Received
The complaint the Jeju civil litigation attorney's client received contained a claim seeking the return of 80 million won in unjust enrichment, and the reasons the plaintiff sent such a complaint were as follows.
The plaintiff had a mild intellectual disability. The plaintiff appeared no different from others, but explained having long had difficulty with short-term memory and problem-solving.
One day, the client suddenly contacted the plaintiff and asked whether the plaintiff would take over ownership of an officetel that the client owned on the outskirts of Seoul for 80 million won.
The plaintiff did not even know what advantages came with owning an officetel and had no money, so the plaintiff declined.
The client even induced the plaintiff to take out a bank loan and enter into the real estate purchase contract.
The plaintiff took out a bank loan as the client demanded and paid the money to the Jeju civil litigation attorney's client.
As it turned out, the client had deceived the plaintiff, received roughly twice the market price from the plaintiff, diverted the difference, and brought about the conclusion of this contract.
When the plaintiff's parents learned of this and confronted the client about doing such a thing to the plaintiff, who lacked normal judgment, the client ignored them.
The plaintiff then filed this lawsuit demanding that the client return the gains unfairly acquired through this contract.
2. Unjust Enrichment as Explained by the Jeju Civil Litigation Attorney
The Jeju civil litigation attorney's client explained being sued in a 🔗lawsuit for the return of unjust enrichment.
Unjust enrichment refers to obtaining a benefit from another person's property and causing loss to that person.
Under the Civil Act, unjust enrichment is a benefit obtained from another person's property and must therefore be returned.
The Action for Return of Unjust Enrichment as Explained by the Civil Litigation Attorney
The Jeju civil litigation attorney decided to assist with defending the client's action for the return of unjust enrichment.
An action for the return of unjust enrichment refers to filing a lawsuit to demand the return of unfairly obtained gains.
An action for the return of unjust enrichment aims to recover monetary loss. Beyond that, it is used to resolve all problems arising from unfair conduct, such as where compensation for labor has not been received.
3. The Defense of the Action for Return of Unjust Enrichment Undertaken by the Jeju Civil Litigation Attorney
The Jeju civil litigation attorney undertook the defense of the client's action for the return of unjust enrichment and argued the following.
This sales contract is a normal contract concluded without defect and is therefore valid.
Officetel sale prices are variable, and at the time of the incident the client did not obtain an unreasonable margin, so this is not unjust enrichment.
The plaintiff filed a criminal complaint against the client for fraud, but the police also determined that there was no unjust enrichment and issued a decision of non-referral.
4. The Result of the Defense of the Action for Return of Unjust Enrichment Undertaken by the Jeju Civil Litigation Attorney
As a result of the Jeju civil litigation attorney undertaking the defense of the action for the return of unjust enrichment for the client, the court ruled in the client's favor.
The court dismissed all of the plaintiff's claims and ruled that the plaintiff bear all of the costs of the lawsuit.
The client had faced the risk of having to pay 80 million won to the plaintiff because of this lawsuit.
However, because the Jeju civil litigation attorney assisted with the client's case, the client obtained a judgment dismissing all of the plaintiff's claims in the action for the return of unjust enrichment.
In an action for the return of unjust enrichment, the defense must proceed by proving that the amount was not unfairly obtained.
This can be difficult for an individual to handle alone, so if needed, you are welcome to obtain a 🔗attorney recommendation and proceed with your response.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
