Deals & Cases

Unjust Enrichment
Unjust EnrichmentWon the Case

With the Assistance of a Uijeongbu Attorney | Winning a Suit for the Return of Unjust Enrichment Against a Local Government That Occupied the Land

The client had decided to claim the return of unjust enrichment from a local government that had occupied and used the client's land without authorization, and visited the Uijeongbu office.

1. The Client Who Met With a Uijeongbu Attorney

Uijeongbu Attorney



The client had decided to claim unjust enrichment with respect to land that a local government had been occupying and using without authorization.

To obtain legal advice on this, the client came to a Uijeongbu attorney.

The Story of the Client

The client had land inherited from deceased parents.

However, because that land was close to a vacant lot, the client had not decided how to use it, and several years passed.

One day, the client belatedly learned that a local government had paved the land and was occupying it as a park for citizens.

The client then came to a Uijeongbu attorney to claim unjust enrichment from the local government that had unfairly occupied and used the land.

Case-Related Information Explained by a Uijeongbu Attorney

As in the client's case, if a person has obtained another's property or goods and gained a financial benefit, a suit for the return of unjust enrichment may be filed to claim its return.

However, an unfair method is not necessarily limited to unlawful conduct when determining unjust enrichment, so the range of matters for which the return of unjust enrichment may be claimed is very broad.

For this very reason, when calculating the amount of unjust enrichment for a return claim, it is necessary to secure objective and persuasive materials and to claim an amount that has legal validity.

Because the materials and evidence that must be secured when pursuing a suit for the return of unjust enrichment are extensive, and the procedures for proving unjust enrichment are complex, the assistance of an attorney experienced in related cases is important.

The relevant statute is as follows.

Substance of Unjust Enrichment (Article 741 of the Civil Act)
A person who benefits from the property or services of another without any legal ground and causes loss to the other shall return such benefit.


🔗If You Would Like to Know More About Claims for the Return of Unjust Enrichment

2. The Uijeongbu Attorney's Assistance

The Uijeongbu attorney closely reviewed related materials, such as the certified copy of the register from after the client acquired the land, and then made arguments that could work in the client's favor.

The Uijeongbu Attorney's Argument ① Proving the Client's Ownership of the Land

The client had inherited and owned the land from the time the parents passed away, and the client also had materials that could prove this fact.

The Uijeongbu attorney submitted evidence proving that the land used as a park was owned by the client, and emphasized that the local government should return the unjust enrichment.

The Uijeongbu Attorney's Argument ② The Defendant's Lack of Persuasiveness

The defendant local government claimed that, when it created the park, it had given notice to and obtained consent from the client.

However, the client had never once received such notice or given consent, and had also never heard of any such thing from the parents.

The Uijeongbu attorney emphasized that the defendant's claim lacked persuasiveness and argued that the amount of unjust enrichment should be returned.

3. The Result of the Uijeongbu Attorney's Assistance: “Winning the Case”

The court, accepting the Uijeongbu attorney's arguments, exceptionally recognized an amount of unjust enrichment greater than the amount the plaintiff had claimed and issued a judgment stating, “The plaintiff shall be paid an amount of approximately 100 million won.”

If You Have Decided to Pursue a Claim for the Return of Unjust Enrichment

As in the client's case, if another person has unfairly acquired property or gained a benefit, civil liability may be pursued to require its return.

In addition, if loss was caused to the other party in the course of obtaining the unjust enrichment, a 🔗damages lawsuit may also be filed together.

Because it is important in a suit for the return of unjust enrichment to prepare a strategic response through appropriate legal review, the assistance of an attorney experienced in related cases is important.

At Daeryun Law Firm, 🔗attorneys with extensive experience handling cases including claims for the return of unjust enrichment respond to each client's case accordingly.

If you need a consultation, please feel free at any time to receive a consultation through a 🔗legal consultation appointment.

의정부변호사

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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