Korean Judicial Decision

Abstract

Abstract This case involves a dispute over the use of land for the Mongolian embassy in Seoul. The plaintiff claimed that the defendant had encroached upon the boundaries of the plaintiff’s adjacent land by using a portion of it as the defendant’s embassy property and attached property. The plaintiff sought partial demolition of the defendant’s building and delivery of the disputed land, as well as restitution for unjust enrichment. The trial court granted the plaintiff’s primary claim for partial demolition and delivery of the disputed land, but dismissed the claim for restitution of unjust enrichment, citing a lack of jurisdiction over the issue. The plaintiff appealed the dismissal of the claim for restitution, arguing that the trial court had misinterpreted the legal principles regarding state immunity and jurisdiction. The Supreme Court partially accepted the plaintiff’s appeal, affirming the trial court’s judgment on the primary claim but reversing and remanding the claim for restitution for unjust enrichment to be re-tried and decided upon. The judgment was rendered in unanimous agreement by the participating justices.