부당이득금반환
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff is a person who is engaged in construction machinery contracting and construction machinery rental business under the trade name of “J”, and D is a person who engages in construction machinery sales business under the trade name of “M”.
B. On July 15, 2013, the Plaintiff purchased the so-called “instant so-called the so-called the instant so-called the so-called “the so-called the instant so-called the so-called the so-called “the so-called the so-called the so-called “around 2013”).
At the time of purchase, the mortgage (Defendant C, hereinafter “instant mortgage”) was established in the name of F Co., Ltd. (hereinafter “F”).
C. On July 16, 2013, the Plaintiff borrowed KRW 39,100,00 from G Co., Ltd. (hereinafter “G”) and transferred KRW 35,513,947 among them to F’s account, thereby repaying the secured debt of the instant mortgage established during the instant excavation period.
On July 26, 2013, the ownership transfer registration was completed in the Plaintiff’s future on July 26, 2013, and on August 14, 2013, a mortgage was established for the Plaintiff, the mortgagee G, the claim value of KRW 39,100,000, and on August 19, 2013, the instant mortgage was cancelled.
E. On the other hand, on May 31, 2013, the Plaintiff, on the other hand, sold the rucker’s own ownership in KRW 24,00,000,00, and drafted a construction machinery transfer certificate (Evidence 5) stating that “the sale price for the rucker’s racker’s racker’s racker’s racker’s racker’s racker E with a new type of
【Ground of recognition】 The fact that there has been no dispute, Gap’s entries in Gap’s 1 through 5, 7 through 11, 14, 15, 16, 18, 20 through 23, and the purport of the whole pleadings
2. The gist of the Plaintiff’s assertion was on July 15, 2013, through D, the Plaintiff purchased the instant excavation search machine from Defendant C, the actual owner of which was the owner of the instant excavation search machine, and paid the purchase price by cancelling the instant mortgage established in the excavation search machine, but did not receive the excavation search machine.
Without being able to do so, the Plaintiff’s re-afforcing machine through D around August 2013 shall be KRW 35,00,000.