|
15
December 2005 |
Recovery of illegal loan |
|
|
25
November 2004 |
Audit
of public official |
|
|
| 5
November 2004 |
Revocation
of gift |
| Judgment
that regarded a person who contributed all of the person's property
to join an association whose objective was to create a communal
society based on "common ownership/no private ownership"
and then withdrew from the association as being entitled to
claim restoration of unjust enrichment from the association
to the extent that seems reasonable and appropriate |
|
| 16
July 2004 |
Assignment
in fraud of creditors |
| Judgment
concerning whether or not the avoiding power under Article 72,
sub-para 2 of the Bankruptcy Law may be exercised against the
assignment of receivables made based on a contract of assignment
of receivables, which is subject to the condition precedent
that the assignment shall not take place until the assignor
suspends payment or a petition for bankruptcy of the assignor
is filed |
|
| 23
April 2004 |
Unlawful
occupancy of road |
| Judgment
concerning the unauthorized occupancy of a road and the acquisition
by the road administrator of the claim for the amount equivalent
to the occupancy fee from the occupant |
|
| 20
February 2004 |
Payment
of excessive interest |
| Judgment
concerning the case in which a debtor paid interest with the
use of a document provided by a moneylender, which stated the
matters prescribed in Article 18, para 1 of the Money Lending
Business Control and Regulation Law and which was combined with
a bank transfer form, through bank transfer into a moneylender’s
bank account, and whether or not the requirements prescribed
in the said article are satisfied in such case was disputed |
|
| 15
January 2004 |
Illegal
salary paid to public officials |
| Judgment
upon the case in which the payment of salaries to prefectural
officials dispatched to a public-private joint venture company
was deemed to be illegal |
|
| 18
July 2003 |
Payment
of excessive interest |
| Judgment
upon the case where guarantee fee and paper work fee received
by a credit guarantee company were regarded as deemed interest
under Article 3 of the Interest Rate Restriction Law which applies
to money lenders |
|
| 17
January 2003 |
Expenses
wrongly paid |
| Judgment
upon the case concerning the obligation of members of the prefectural
assembly to return the unjust enrichment corresponding to travel
expenses to the prefecture, which they received for participating
in the National Rubber-ball Baseball Tournament for Prefectural
Assembly members |
|
| 19
July 1999 |
Prescription |
| Judgment
upon matters to be proven by parties to cite the benefit of
extinctive prescription to the right to claim the recovery of
succession in the case where among co-successors some of them
have infringed upon the others' rights of succession, denying
others to be co-successors |
|
| 22
April 1999 |
Public
law - procedure |
| Judgment
upon ... whether Article 15 of the Administrative Litigation
Law may be applied mutatis mutandis to the case where a plaintiff
in an action brought against "the relevant personnel" stipulated
in Article 242-2, paragraph 1, item 4 of the Local Autonomy
Law mistakenly cited a person not falling under "the relevant
personnel" as defendant ... |
|
| 30
June 1998 |
Set-off |
| Judgment
concerning the acceptance of the exception to set-off, which
makes the rest of the claim the active claim being demanded
in part in another procedure |
|
| 26
May 1998 |
Duress
- loan |
| Judgment
upon the case that when X, under duress by A, became the borrower
in a contract of loan for consumption and instructed Y, the
lender, to provide a loan for Z, then canceled the said contract
by reason of the said duress, X is ruled to have not received
any benefit from the said provision of loan, with regard to
an action for restitution of unjust enrichment filed by Y against
X |
|
| 26
March 1998 |
Distribution
to creditors |
| Judgment
upon whether a general creditor may file an action for restitution
of unjust enrichment against other general creditors who received
their shares upon distribution when such creditor did not lodge
an opposition to distribution on the day of distribution |
|
| 26
March 1998 |
Conflicting
attachments |
| Judgment
upon preference between the two when attachment by general creditors
conflicts with attachment based on a hypothec extending to things
in substitution for the hypothecated object |
|
| 26
February 1998 |
Cohabitants'
rights |
| Judgment
upon the use in common of jointly owned property by a common-law
married couple and the presumed agreement to the effect that
one party will use the said property independently after the
death of the other |
|
| 7
April 1981 |
Mistake
- gift for religious purposes |
| Judgment
on a case concerning a dispute over concrete rights and duties
or legal relations in which a determination of religious doctrine
or of the value of an object of faith is an essential a priori
issue, and the meaning of "dispute at law" in Article
3 of the Court Organization Law |
|
