장래 부당이득반환청구에서 반환의무의 종료시점에 관한 고찰- 대법원 2019. 2. 14. 선고 2015다244432 판결을 소재로 -

The Supreme Court(sentenced on Feb. 14, 2019, 2015Da244432) recently made an important decision on the legitimacy of the expression’until the date of loss of ownership of the plaintiff’, which is widely used as the end date of the obligation to return in the ruling of the future action of unfair profit return claim. The above expression is in the form of entrusting the judgment of the court to the judgment of another agency. And it is a pointless statement that cannot affect the execution power of the determined performance judgment. In addition, it has no direct bearing on whether or not the defendant ‘voluntarily performs’. Therefore, it is said to be inappropriate as an indication of the judgment. The significance of the above judgment is as follows. For expressions such as “the defendant’s loss of possession” and “the date of loss of ownership of the plaintiff”, which are widely used as the end of the obligation, the legality was judged by considering both the enforcement aspect and the defendant’s voluntary performance aspect. In addition, although it is secondary, it has confirmed the jurisdiction that even if the land is not occupied by local governments as a de facto controlling entity, but is only occupied by the reservoir management office, this is also an occupation that is subject to an unfair profit return request.