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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff, as the instant lawsuit, sought against the Defendant the implementation and delivery of the procedure for ownership transfer registration on the ground of termination of title trust, and return of unjust enrichment equivalent to KRW 1,50,000 per month on May 5, 2018. In addition, the Plaintiff sought performance and delivery of the procedure for ownership transfer registration and damages equivalent to KRW 1,50,000 per month on May 5, 2018 on the instant motor vehicle, and sought separate claims for payment of the agreed amount of KRW 70,000,000 on May 5, 2018.
The judgment of the first instance rejected the claim for the agreed amount of KRW 70,000,000 and the damages for delay thereof, and accepted the claim for the performance of the procedure for ownership transfer registration concerning the instant automobile and the claim for delivery, while dismissing the claim for return of unjust enrichment equivalent to KRW 1,50,000 per month and the claim for damages equivalent to KRW 1,50,000 per month.
As a result, the appeal against the part against the defendant only was filed, the subject of the judgment of this court is limited to the plaintiff's primary claim and the claim for the implementation of the transfer of ownership registration procedure and the delivery of the motor vehicle in this case.
2. Basic facts
A. The Plaintiff’s East C and the Defendant completed the marriage report on September 8, 2015. The Plaintiff’s application for divorce mediation was filed on June 11, 2018 and is currently pending in the divorce lawsuit.
B. On March 22, 2016, the registration for ownership transfer was completed in the Defendant’s future, and the Plaintiff purchased automobile insurance and maintained and inspected the instant automobile while using the instant automobile from around that time to July 11, 2018.
C. On May 5, 2018, the Defendant and C prepared and sent to the Plaintiff a letter of performance as follows (hereinafter “instant letter of performance”).
I W, B, in the name of the D A vehicle of Leviired vehicle by May 9, 2018.