건설기계소유권이전등기말소등기
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 17, 2014, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant to sell construction machinery listed in the separate sheet (hereinafter referred to as “instant machinery”) with the Defendant and transferred the ownership of the said machinery to the Defendant on August 18, 2014, but the Defendant did not pay the above purchase price. As such, the Plaintiff sought cancellation of the above ownership transfer registration on the grounds of the cancellation of the sales contract, and as a preliminary claim for the payment of the said purchase price KRW 20 million and delay damages therefrom.
2. According to the evidence No. 1 of the judgment as to the main claim, even though the plaintiff and the defendant prepared a construction machinery transfer certificate on August 18, 2014 with respect to the machinery of this case, it is recognized that the plaintiff himself stated 20 million won in the sale price column in order to secure the rent that the plaintiff was not actually a sales contract but was not paid by the defendant or the non-party B on the fifth date for pleading of this case. Thus, the above evidence alone is insufficient to acknowledge that the sales contract for the machinery of this case was concluded between the plaintiff and the defendant, and there is no other evidence to support this, and therefore, the plaintiff's main claim based on the establishment and cancellation of the above sales contract is without any further reason.
3. The plaintiff's preliminary claim for the determination of the preliminary claim is based on the sales contract for the instant machinery, and as long as the establishment of the sales contract is not acknowledged as above, the plaintiff's preliminary claim is without merit.
However, even if the Plaintiff, as stated on the fifth day of pleading of this case, decides to seek the payment of the amount of money worth KRW 20 million to the Defendant who acquired the obligation to pay the amount of money for the said preliminary claim against the Plaintiff, as stated on the fifth day of pleading of this case, the Plaintiff is also entitled to ①.