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(영문) 대구지방법원 2020.10.07 2020가단100557

매매대금반환

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1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is running the construction equipment leasing business under the trade name of “D”.

Defendant B is engaged in transportation business as an owner of F working vehicle registered with the owner “E” (hereinafter “E”). The Defendant B is engaged in transportation business as the owner of the F working vehicle (the name of the vehicle: Hochik 450SF complaint work vehicle, YYI: large special area, and hereinafter “instant vehicle”).

Defendant C is a friendly relationship with Defendant B.

B. On May 1, 2018, the Plaintiff entered into a contract with Defendant B for the transfer of a motor vehicle with the terms of purchasing KRW 75 million with respect to the instant motor vehicle (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 2 (Simultaneous Performance, etc.) "A" shall deliver to "B" documents necessary for the registration of transfer of ownership as a result of the receipt and redemption of any balance and documents necessary for the registration of transfer of ownership.

Special Agreement: An entrusted borrower B

1. The transferee shall succeed to 4 million won - the transferee, such as the admission fee;

2. 28 million won - down payment (transfer to G account June 4, 2018).

3.3 million won - - The amount of discount

4. Any balance of KRW 40 million (transfer to aC account).

C. On June 4, 2018, the Plaintiff deposited down payment of KRW 28 million to Nonparty G account pursuant to the instant sales contract, and on December 2, 2019, paid the remainder to Defendant C KRW 40 million.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 through 10 (including branch numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. At the time of entering into the instant sales contract by the Plaintiff, the Plaintiff and Defendant B agreed that “When the Plaintiff pays down payment, Defendant B shall deliver documents, etc. necessary for the registration of transfer of ownership of the instant vehicle.”

After receiving the down payment, Defendant B received several requests from the Plaintiff, but did not deliver the said transfer documents, etc. to the Plaintiff.

Defendant B is obligated to deliver to the Plaintiff the documents necessary for the registration of transfer of ownership of the instant vehicle and the instant vehicle, and from the Plaintiff.