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(영문) 대전지방법원서산지원 2015.01.30 2013가단9774

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2010, the Plaintiff entered into a sales contract with Nonparty C, a motor vehicle in the name of Nonparty C (hereinafter “instant motor vehicle”) to purchase KRW 31 million with the trade name of “E” and paid the entire purchase price, and completed the ownership transfer registration in the future of the Plaintiff.

B. On April 20, 2010, Nonparty C, and C filed a lawsuit against the Plaintiff, C, and F, claiming for the cancellation of the ownership transfer registration and the claim for delivery of the instant motor vehicle, asserting that “The instant motor vehicle is owned by Aju Capital, and Nonparty F, forged relevant documents, sold them to C, and sold them to C again to the Plaintiff.” On May 3, 2010, Nonparty C received the duplicate of the said complaint on May 3, 2010.

C. On May 31, 2010, C completed the registration of ownership transfer on the ground of payment in kind as of May 27, 2010 (hereinafter “instant apartment”) with respect to the Defendant, who is his father, of Bupyeong-gu Incheon Metropolitan Government D apartment 202 Dong 1501 (hereinafter “instant apartment”). D.

On November 26, 2010, the court of the first instance rendered a judgment dismissing the claim of the Ath Capital (Seoul District Court Decision 2010Da4327), and the court of the second instance rendered a judgment revoking the above first instance judgment on November 8, 201 and accepting the claim of the Ath Capital, and the above judgment became final and conclusive.

(Seoul District Court 2010Na19448). The plaintiff delivered the instant motor vehicle to Agrotha in accordance with the above judgment, and the transfer of ownership in the name of the plaintiff was revoked.

E. C did not have any property other than the apartment of this case at the time of the transfer registration of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion C purchased and sold a motor vehicle not owned by the Plaintiff, and received KRW 31 million from the purchase price, and thus, returned unjust enrichment to the Plaintiff.