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(영문) 수원지방법원 2018.11.28 2018가단509099

부당이득금 반환청구

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. 1) C is a person engaged in a heavy motor vehicle transaction business. On December 23, 2011, 201, C is a motor vehicle in the name of the Plaintiff, one’s mother, in the name of the Plaintiff (hereinafter “instant motor vehicle”).

2) Around February 2013, D and E operated a motor vehicle installment loan brokerage company with the trade name of “F” as the same business, and D asked the Defendant, who is the branch office, to lend the name of the owner of the motor vehicle, and upon consent, the Defendant issued D documents necessary for the registration of the transfer of the ownership, such as a copy of resident registration certificate and a certificate of personal seal impression.

3) On February 7, 2013, E representing the Defendant is a sales contract for the instant motor vehicle under the name of the Defendant C (hereinafter “instant sales contract”).

(4) On February 18, 2013, when the ownership transfer registration of the instant vehicle was completed on February 18, 2013, C continued to store the instant vehicle and sold the instant vehicle to H on behalf of the Defendant on June 24, 2014, and thereafter, C transferred the instant vehicle to H.

5) Around November 26, 2014, D had the instant automobile parked in the H’s apartment parking lot without the H’s permission and delivered it to the Defendant. Around that time, the Defendant kept the instant automobile in custody. B) A filed a lawsuit against Suwon District Court No. 2016Gadan803513 on December 19, 2016 (hereinafter “related lawsuit”), and C in the instant case following the cancellation of the instant sales contract.