부당이득반환 등
1. The judgment of the court of first instance is modified as follows.
Defendant B shall enter the attached list of vehicles from the Plaintiff.
1. Facts of recognition;
A. On June 7, 2017, the Plaintiff entered into a contract with Defendant D to purchase an automobile listed in the attached Table B owned by Defendant B (hereinafter “instant automobile”) in the middle class of “G” among “G” operated by Defendant D within the member-gu, Ansan-si, Ansan-si, with KRW 7,90,000,000.
(hereinafter referred to as “instant contract”). At the time of entering into the instant contract, Defendant C, an employee of the said G, represented by Defendant B.
B. At the time of entering into the instant contract, Defendant C issued to the Plaintiff a record of the inspection of the performance status of used cars prepared by Defendant E as of June 2, 2017. The said record of inspection contains 147,758 km for the instant automobile in 2009, and the history of an accident; and there is no change in the structure; and along with the fact that there is no change in the structure, Defendant C is liable for the buyer according to the contract or relevant statutes if the actual performance of the instant automobile differs from the details entered in the record of the inspection of the performance status of used cars within the warranty period (30 days) or the guarantee distance (2,00 km) from the delivery date of the automobile.
C. The Plaintiff remitted KRW 7.9 million to Defendant C, and the Defendant C transferred KRW 6.5 million, deducting brokerage commission from the instant automobile sales amount received from the Plaintiff on June 8, 2017, to Defendant B.
On June 8, 2017, the Plaintiff spent KRW 243,00,00 for the registration fee of 243,000, and operated the instant automobile after completing the registration of transfer of ownership in the Plaintiff’s name. On the same hand, the instant vehicle is an illegal remodeling vehicle due to the high body of the instant vehicle, and thus, it was confirmed that it was an illegal remodeling vehicle as a result of the inspection conducted by a specialized vehicle maintenance business entity, an inspector affiliated with the Korea Transportation Safety Authority.
E. On June 14, 2017, the instant motor vehicle was stopped while driving the motor vehicle, and thereafter, the Plaintiff was the Plaintiff.