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(영문) 대구지방법원김천지원 2019.05.16 2018가단31053
자동차인도 등 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. On January 17, 2009, the Plaintiffs’ assertion and D entered into a contract with the Defendant to acquire five vehicles including liquefied petroleum gas and high pressure containers and permission rights, goodwill, high pressure tank, attempted crime, five and 4.5 tons of telephone number from the Defendant (hereinafter “instant contract”).

Although the Defendant delivered five vehicles in the name of the Defendant to the Plaintiffs according to the instant contract and issued the transfer registration of ownership, the Defendant did not perform the obligation to transfer and transfer the ownership transfer registration of two vehicles listed in the attached Table No. 1 (hereinafter referred to as “the instant vehicle No. 1, and the vehicle listed in the attached Table No. 2” in the attached Table No. 2).

However, since the Defendant did not sell each of the instant vehicles and did not occupy them, and the transfer registration of ownership of each of the instant vehicles was completed in the third party, the Defendant’s obligation to transfer and transfer ownership of each of the instant vehicles under the instant contract was entirely impossible.

Therefore, as a claim for the subject of the above performance impossibility, the Plaintiffs seek the payment of each of the 9.69 million won (=total profit 1,938,000 won x 1/2) and damages for delay, each of the interests the Defendant acquired by selling each of the instant vehicles, respectively, from the Defendant.

B. Defendant’s assertion 1) Each of the instant vehicles is not included in the vehicles to be delivered by the Defendant to the Plaintiffs and to be registered for transfer of ownership pursuant to the instant contract, and the Defendant fully performed the obligation to transfer five vehicles to the Plaintiffs under the instant contract. (2) Each of the instant vehicles for household affairs is included in the vehicles to be delivered by the Defendant to the Plaintiffs and to be registered for transfer of ownership according to the instant contract, and is included in the vehicles to be

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