소유권이전등기절차 이행 청구
1. The defendant is paid KRW 2,990,00 from the plaintiff B and at the same time he is paid to the plaintiff B.
1. Facts of recognition;
A. On September 30, 2013, Plaintiff A (the Plaintiff’s husband and wife) on behalf of Plaintiff B entered into a lease agreement with the Defendant on a vehicle to lease an automobile listed in the separate sheet (hereinafter “instant automobile”) at KRW 36 months from the delivery date, and monthly user fee at KRW 709,909 (value-added Tax Separate).
B. After the expiration of the lease term of the instant vehicle, the Plaintiff B and the Defendant concluded a conditional acceptance contract under which the Plaintiff B would receive the instant vehicle from the Defendant.
Accordingly, around November 22, 2013, the Defendant’s employee stated that the amount of acceptance to the Plaintiff is “2,90,000 won” and had a conditional vehicle underwriting contract signed on November 21, 2013 with the Defendant’s corporate seal affixed. The Plaintiff A confirmed the contract and affixed the Plaintiff B’s seal on his/her behalf.
(hereinafter referred to as the “instant underwriting contract”). (c)
The lease term of the instant vehicle was expired on September 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The defendant alleged that the plaintiff A is not a party to the contract of this case, and therefore the plaintiff A is not a party to the contract of this case. However, in the lawsuit for performance, the party's standing is a person who asserts himself/herself the right to demand performance, which is a subject matter of lawsuit, and whether the right to demand performance exists or not, it shall be proved through the deliberation of the merits (see, e.g., Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Thus, the plaintiff A's argument
Therefore, the defendant's defense prior to the merits cannot be accepted.
3. Judgment on the merits
A. According to the above facts of recognition as to the cause of the claim, the defendant, except in extenuating circumstances, received KRW 2,990,000 from the plaintiff B according to the instant underwriting agreement, and simultaneously received the plaintiff B.