건설기계소유권이전등록말소등록
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence 1 to 5 (including paper numbers), Eul evidence 1 to 9, the witness C's testimony and the entire purport of the pleadings:
In around 2013, the defendant and D agreed that if the defendant secure the right to work in the F site of the E Company, D will be prepared and work in the above field, and half of the profits will be divided.
B. In accordance with the agreement under the preceding paragraph, the defendant secured the above F-site work right and offered D with the right to work, and D used the above-site work, but the agreement to divide profits into half is not fulfilled.
C. Around August 2014, the Defendant and D agreed to transfer to the Defendant the ownership of two vehicles that D had ownership registered in the Plaintiff’s name instead of performing the obligation to pay the above settlement amount.
At the time, D borrowed the name from the plaintiff and registered the transfer of ownership for the fork-up vehicle in the name of the plaintiff.
On September 2, 2014, the Plaintiff, the Defendant, and D agreed to transfer the two construction machinery listed in the separate sheet (hereinafter “the instant vehicle”) registered as the Plaintiff’s own ownership to the Defendant and cooperate in the transfer of ownership, but the Plaintiff’s above obligation was subject to “field establishment”.
(hereinafter referred to as the “instant arrangement”). E.
In accordance with the instant agreement, the Plaintiff and the Defendant completed the ownership transfer registration on September 5, 2014 with respect to the instant forkivers, but the said forkivers have been occupied and used by D.
F. Meanwhile, around February 17, 2016, the Defendant acquired the right to work at the H apartment construction site from G to D and offered it to D. On March 15, 2016, the Defendant acquired the right to work at the J construction site from G and offered it to D. However, D are the same.