자동차소유권이전등록절차이행청구
1. The defendant shall receive KRW 2,141,320 from the plaintiff, and at the same time, shall enter the motor vehicle in the attached Table in the plaintiff.
1. Presumed facts
A. On December 31, 2013, the Plaintiff entered into an entrustment management contract (hereinafter “instant contract”) with the Defendant, who is a trucking business operator, to assign the name of the instant automobile to the Defendant, and to pay monthly management expenses, etc. to the Defendant when the Plaintiff is entrusted with the business vehicle number (B; hereinafter “instant registration number”) and the operation management right.
B. The Plaintiff expressed to the Defendant the intent to terminate the instant contract by serving a duplicate of the instant complaint, and the duplicate was served on September 21, 2016 on the Defendant.
C. Meanwhile, while running the freight transport business using the instant vehicle, the Plaintiff paid management expenses to the Defendant as stipulated in the instant contract, and did not pay management expenses, etc. to the Plaintiff from April 2016. As of September 2016, the unpaid management expenses, etc. (i.e., KRW 1,650,00 automobile tax of KRW 35,220,000, KRW 456,100 for environmental contributions).
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 and 2 (including each number), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the cause of claim 1) The Plaintiff expressed his intent to terminate the instant contract by delivering a duplicate of the complaint to the Defendant. As such, the Defendant is obligated to implement the procedure for ownership transfer registration based on the termination of the instant contract with respect to the instant automobile. 2) The Plaintiff, while entering into the instant contract, paid KRW 32 million to the Defendant as the price for the instant registration number plate or its registration number plate.
Therefore, the Defendant is obligated to return the said money to the Plaintiff by settling accounts following the termination of the instant contract, or is obligated to return the said money to the Plaintiff as unjust enrichment because it gains without any legal ground.