매매대금반환
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. On or around June 8, 2016, the Plaintiff entered into an entrustment management contract between the Plaintiff and F Co., Ltd. (hereinafter “F”) and the Plaintiff F Co., Ltd. (hereinafter “F”).
B) Between the Plaintiff and F, the Plaintiff is CFH Twiters, D dumpers (hereinafter “instant Twitler”) and “instant Twitler.”
(B) The Trust Management Contract (hereinafter referred to as the “instant Trust Management Contract”) under which the F is entrusted with the operation of the transport business using the said truck by investing in kind and operating the transport business from the F.
2) The owner of the instant Twitter and the register of vehicles concerning the instant Twitler is written in F. (However, the indication of the entrusted object of the above and the entrusted management contract is written only by the instant Twitter, and not written by the instant Twitler).
The plaintiff, who is an entrusted owner operator, is indicated as an investor in the register of motor vehicles concerning the instant Traler, but the register of motor vehicles concerning the instant Traler does not contain such indication.
B. On June 14, 2017, the Defendant entered into a contract for the transfer of the right to manage automobiles between the Defendant and F (hereinafter “instant contract for the transfer of the right to manage automobiles”) with the content that the Defendant takes over 11 vehicles registered in the F’s trucking transport business license and F’s name (5 biters, etc., 6 biters) in KRW 140 million between F and F (hereinafter “instant contract for the transfer of the right to manage automobiles”).
A) The instant management right transfer contract entered into. The upper part of the instant management right transfer contract states that “A contract shall be entered into on condition of collecting the borrower’s written consent, the borrower’s seal impression, and the number plate, and all responsibilities shall be criminally responsible for the transferor when the contract is performed.” 2) The instant management right transfer contract includes the instant Track vehicle, the object of the instant management right transfer contract, including the instant Track and the instant Tracler.
C. On September 19, 2017, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant.