자동차인도등
1. The plaintiff's appeal is dismissed.
2. The plaintiff's conjunctive claim added in the trial is dismissed.
3. Appeal.
1. The court's explanation of this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it in accordance with the main sentence of Article 420 of the Civil Procedure
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff sold the instant vehicle to the Defendant at KRW 12,80,000, and completed the transfer registration procedure after delivering the instant vehicle. However, the Defendant did not pay the purchase price to the Plaintiff. As such, the Plaintiff’s delivery of a copy of the instant complaint on the grounds of the Defendant’s delay of payment of the purchase price, the Plaintiff rescinded the said sales contract.
Even if the claim for delivery based on the above sales contract is not recognized, the Defendant acquired the instant vehicle without providing any consideration, and made unjust enrichment using the instant vehicle.
Therefore, it is the primary restitution following the cancellation of the above sales contract, and the Defendant, as a preliminary restitution of unjust enrichment, has the obligation to deliver the instant automobile to the Plaintiff and perform the procedure for the registration of cancellation of ownership transfer registration for the instant automobile. From January 29, 2014 to the completion date of delivery of the instant automobile, the Defendant has the obligation to return unjust enrichment equivalent to KRW 450,000 per month.
B. The defendant's assertion did not have concluded a sales contract between the plaintiff and the plaintiff, and that the plaintiff delivered the motor vehicle of this case to the defendant and completed the transfer registration procedure for the motor vehicle of this case, the defendant returned part of the investment money to the defendant who has the same share as the plaintiff's representative while withdrawing from the plaintiff.
3. Determination
A. (i) Whether a sales contract has been concluded between the Plaintiff and the Defendant on the instant motor vehicle, the fact that a sales contract was made between the Plaintiff and the Defendant on the instant motor vehicle with the price of KRW 12,80,000.