부당이득금등 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On March 13, 2007, the Plaintiff purchased a vehicle number C (hereinafter “instant number plate”) from Nonparty D to enter the Defendant Company 25 tons of cargo vehicles, and entered into an entry contract (hereinafter “instant land entry contract”) with the Defendant Company with respect to the vehicles indicated in the separate sheet (hereinafter “instant vehicle”).
The Plaintiff paid the Defendant Company a monthly admission fee of KRW 2.50,000,000 to the Defendant Company according to the instant land entry contract, and terminated the land entry contract on March 2008, and subsequently reported the closure of the Plaintiff’s personal business registration number B (E).
Since the entry contract of this case was terminated on March 31, 2008, the defendant company is obligated to implement the procedure for ownership transfer registration for the vehicle of this case to the plaintiff on March 31, 2008 on the ground of termination of the entry contract of this case.
Since the number plate of this case is owned by the Plaintiff, the Defendant Company did not return it to the Plaintiff after the termination of the instant land entry contract, and used it to collect 2,50,000 won per month from another land entry officer, thereby making unjust enrichment. Therefore, the Defendant Company should return the unjust enrichment.
The amount of unjust enrichment is KRW 21 million (250,000 x 84 months) in total from April 1, 2008 to March 31, 2015, and KRW 250,000 per month by the date the transfer of ownership of the instant vehicle is completed.
B. In a case where the obligation to register the transfer of ownership of the instant vehicle against the Plaintiff of the conjunctive Defendant Company is not recognized, the Defendant Company still owned the instant number plate purchased by the Plaintiff and made unjust enrichment, and thus, the Defendant Company is obligated to pay KRW 10,000,000 to the Plaintiff for the purchase of the instant number plate.
In addition, the above A.
shall also be paid for unjust enrichment claimed in the claim.
2. Determination
A. According to the purport of the entire argument regarding the claim for performance of the transfer of ownership registration procedure, this case’s land entry contract concerning the instant vehicle is asserted by the Plaintiff.