건설기계소유권이전등록말소등록
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. We’s business relationship 1) D is found to the Defendant around August 2013 and the Defendant found the F site of E Co., Ltd. (hereinafter “F site”).
A) If securing the right to work for the company, D prepared a set of vehicles for the company to work at F, and proposed a partnership with a half of the profits divided by one another. This was established upon the Defendant’s consent (hereinafter “instant partnership”).
(2) D) The Plaintiff and the Plaintiff engaged in the same business in order to prepare for the instant company. Accordingly, the Plaintiff purchased each of the construction machinery listed in the separate sheet (hereinafter “instant shop”) in the name of each Plaintiff on September 3, 2013 and March 3, 2014, and D operated the instant shop business.
3) D completed the instant truck for about 11 months in F, and thereby, D made a sales of approximately KRW 440 million. (b) D did not pay the Defendant a profit on the ground that it did not incur any profit, despite having performed work at F in the instant trade, according to the instant trade, and the Defendant made a claim several times.
2) On September 2, 2014, the Plaintiff, the Defendant, and D transferred the instant vehicle, registered in the name of the Plaintiff, to the Defendant, in lieu of the payment of the F site revenue, in lieu of the payment of the F site revenue, and the remainder of the payment was borne by the Plaintiff. However, upon D’s request, “the conditions for the establishment of a site and on-site” was additionally stated (hereinafter “instant agreement”).
(3) On September 5, 2014, the Defendant completed the ownership transfer registration of the instant vehicle on the part of the Defendant, but even thereafter, D occupied and used the instant vehicle.
C. From February 17, 2016, the Defendant acquired the right to work at the H apartment construction site from G around February 17, 2016, and offered it to D, and on March 15, 2016.