부당이득반환
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 23, 2015, C acquired the actual ownership of the instant vehicle called D (hereinafter “instant vehicle”) with KRW 110 million, and entered into a truck consignment management contract with E Co., Ltd. (hereinafter “E”) in which the instant vehicle is located.
B. On January 19, 2017, the Plaintiff purchased the instant vehicle from the Defendant in KRW 120 million (hereinafter “the instant transaction”), and entered into a truck consignment management contract with E on January 23, 2017, and entered the same in the register of automobiles on February 10, 2017.
C. On January 19, 2017, the Plaintiff paid KRW 5 million to the Defendant as down payment, and received KRW 115 million from the F Co., Ltd. to pay the remainder of the instant purchase price. On January 20, 2017, the Plaintiff paid KRW 86 million out of the loans to C, and paid KRW 28,925,00 out of the loans to the Defendant, respectively, and used KRW 75,000 out of the remainder of the loans as stamp.
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 9, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) concluded the instant sales contract with C as the Defendant’s broker to purchase the instant vehicle. The Plaintiff confirmed that the purchase price was KRW 86 million after paying KRW 15 million with the purchase price pursuant to the instant sales contract. The Defendant unjustly gained profit from KRW 28,925,000,000, excluding the stamp, from the difference in the purchase price. 2) The Defendant asserted that the Defendant purchased the instant vehicle from C or sold the instant vehicle to the Plaintiff under the delegation of C, and that 28,925,00 won was paid as a kind of premium and repair cost, etc., and that there was no unjust enrichment.
B. Article 741 of the Civil Code provides that a person who gains a benefit from another's property or service without any legal ground and thereby causes a loss to another person.