부당이득금
1. On October 23, 2014, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) on a motor vehicle indicated in the separate sheet from the Defendant (Counterclaim Plaintiff).
1. Basic facts
A. After purchasing the instant motor vehicle with the registration number (B), the Plaintiff entered into a trucking and consignment management contract (hereinafter “land entry contract”) with the business entity, under which the ownership of the motor vehicle belongs to the said company, while the Plaintiff actually manages and operates the motor vehicle, and instead, the Plaintiff entered into a trucking and consignment management contract with the said company to pay a certain amount of management expenses each month.
On October 10, 208, while operating the instant vehicle in the name of the said company, the Plaintiff terminated the entry contract with the said company and entered into a new entry contract with the Defendant, and changed the ownership of the instant vehicle to the Defendant. On December 24, 2009, the Plaintiff was assigned C with the registration number of the instant automobile for trucking transport business from the competent authority.
B. Around October 2014, the Plaintiff: (a) operated the instant motor vehicle; (b) demanded the Defendant to demand the payment of the procedure for the change of the name of the motor vehicle for the reason of the termination of the land entry contract by this court; and (c) on July 22, 2015, the instant court rendered a decision to recommend reconciliation that “the Defendant shall implement the procedure for the transfer of ownership registration for the instant motor vehicle on October 23, 2014, with payment of KRW 3,260,020 from the Plaintiff by August 20, 2015, as a result of the receipt and reimbursement of KRW 3,260,020 from the Plaintiff until August 20, 2015.”
The above decision of recommending reconciliation was finalized on August 11, 2015, and the plaintiff paid the above KRW 3,260,020 to the defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the main claim
A. At the time of entering into the contract on the instant automobile for damages due to the Plaintiff’s violation of the agreement 1, the Defendant prepared and issued a written confirmation that the instant automobile registration number T/E was purchased and used by the Plaintiff and used by the Plaintiff.
Therefore, at the time of termination of the entry contract on the instant automobile, the Defendant is the said automobile registration number to the Plaintiff.