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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On December 16, 2014, the Defendant received a delivery of CK9 car (hereinafter “instant automobile”) owned by the Plaintiff from B, and completed the ownership transfer registration for the instant automobile, and transferred KRW 40 million in total to the Agricultural Cooperative Account in the name of D (E) designated by B as purchase price for the instant automobile on the same day.
B. After March 6, 2015, the Defendant sold the instant motor vehicle to the piracy Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), and on the same day, the Defendant completed the registration of ownership transfer in the name of Nonparty Co., Ltd. as to the instant motor vehicle.
[Reasons for Recognition] Gap evidence 1, Eul evidence 4-1, 2-2, the purport of the whole pleadings
2. Assertion and determination
A. The Plaintiff’s assertion 1) Plaintiff’s assertion 1: (a) purchased the instant vehicle from B without the right to sell the instant vehicle, and sold it to the Nonparty Company KRW 40 million; (b) the Defendant is obligated to return to the Plaintiff an amount equivalent to KRW 40 million in unjust enrichment. ② The Defendant is obligated to compensate the Plaintiff for damages incurred to the Plaintiff by the illegal act selling the instant vehicle to the Nonparty Company after purchasing the instant vehicle from B, a non-entitled person, without knowledge of the forgery, or intentionally or negligently, the power of delegation (Evidence B 2 and 3) in the Plaintiff’s name. ③ Even though the Plaintiff merely entrusted the Defendant with the sale of the instant vehicle, but did not sell the instant vehicle to the Nonparty Company, the Plaintiff was liable to compensate the Plaintiff for damages with the unlawful act. ④ If the sales contract was concluded between the Plaintiff and the Defendant, the Defendant is obligated to pay the purchase price of the instant vehicle KRW 40 million to the Plaintiff.