구상금
1. The plaintiff's claim is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 25, 2011, the procedure for registration of transfer of ownership was completed on May 15, 201, for the goods due to the trade transfer by a trader on November 25, 201 with respect to the D Scar (hereinafter “instant vehicle”) which is originally owned C, and the procedure for registration of transfer of ownership was completed on May 15, 201 in the future for the new special cargo company.
B. In relation to the change of ownership of the instant vehicle, E, Plaintiff, and F are involved in the register of automobiles that are not appearing in the register of automobiles.
In other words, on May 11, 2012, the Plaintiff, a registered member of “G”, sold the instant vehicle to E, received KRW 71,53,430, and paid KRW 69,000,000, excluding fees, to F, who used the name “B”. The Plaintiff, a registered member of “G”, paid the remainder of the sales price to “B” except for his fee.
(Sales Price flow: Plaintiff FC. C.
On the other hand, the instant automobile established a mortgage in the name of the Fable Savings Bank, and the Plaintiff agreed to cancel the mortgage upon the payment of the purchase price between E and E, and F also agreed to the Plaintiff.
However, even though E paid the purchase price in full, the transfer registration procedure was completed in the future of the new special cargo company (E) in the Defendant without cancelling the mortgage.
E. When the mortgagee of the instant vehicle is conducting the auction procedure, E paid 58,874,641 won by subrogation and cancelled the mortgage, including 22,00,000 won received from C and 36,874,641 won.
F. Afterwards, E filed a lawsuit for indemnity against the Plaintiff and the Defendant at the Incheon District Court 2012Kadan67107, and the issue was whether the Plaintiff sold the instant vehicle to E in the said lawsuit was recognized as the seller, and accordingly, the Plaintiff was recognized as the seller, and accordingly, “the Plaintiff” as a substitute payment of KRW 36,874,641 and damages for delay.