부당이득금
1. Of the part concerning the counterclaim of the judgment of the court of first instance, the amount equivalent to the amount ordered to be paid under paragraph (2).
1. The first instance court dismissed the Plaintiff’s claim on the merits, and accepted only the claim for ownership transfer registration with respect to the part of the Defendant’s counterclaim, and dismissed the claim for monetary payment.
Therefore, since only the defendant appealed against the part which was dismissed among the counterclaim, the subject of the judgment of this court is limited to the part of the claim for payment among the defendant's counterclaim.
2. The reasoning of the judgment that the court should explain this part of the basic facts is the same as that of “1. Basic Facts” among the grounds of the judgment of the court of first instance, and thus, this part is cited by the main sentence of Article 420 of the Civil Procedure Act.
However, “Defendant C” is changed to “C,” “Defendant B” to “Defendant,” and the followingh:
The entry in paragraph (g) is added to the following, and the entry in No. 14 is added to [based grounds for recognition].
H. Even after the Plaintiff operated a rolling stock, the rolling stock was transferred to H due to a measure taken by H due to a default on loans on June 14, 2017.
Since then, it was sold to J on October 25, 2018 through the auction procedure to Suwon District Court I.
3. Judgment on the claim for payment of money during a counterclaim
A. According to the facts that the instant land entry contract was terminated, the instant land entry contract was terminated on May 13, 2016.
B. The reasoning of the judgment that the court should explain on this part of the judgment concerning the claim for damages based on the non-performance of contract is 3. of the reasoning of the judgment of the first instance.
B. As to the claim for damages due to breach of contract, Article 420 of the Civil Procedure Act is the same as the part concerning the “claim for damages due to breach of contract.”
The main point is that the plaintiff's obligation to settle the management expenses, insurance premiums, taxes, and fines for negligence and the obligation to register the transfer of ownership on the defendant's vehicle for concurrent performance is related to each other. Thus, even if the plaintiff is not able to perform the above obligation to pay money, it cannot be viewed as default
C. Claim for restitution of unjust enrichment