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(영문) 인천지방법원 2018.06.28 2017나65633
자동차소유권이전등록말소등
Text

1. The part against the Defendant (Counterclaim Plaintiff) B and the Defendant C among the part against the principal lawsuit in the judgment of the first instance shall be revoked, respectively.

Reasons

1. The reasoning for the court's explanation of this part of the basic facts is as stated in the part of "1. Basic Facts" of the judgment of the court of first instance, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Determination on the main claim

A. The plaintiff's main assertion 1) The sales contract of this case was failed to reach an agreement on the important part of the contract, such as the purchase price, and was null and void as a declaration of intention, and even if the contract was effective, it is revoked on the ground that it was a contract by fraud or mistake. Therefore, the defendant Eul has a duty to implement the procedure of cancellation of ownership transfer registration as to the automobile of this case, and the defendant C has a duty to deliver the automobile of this case. Meanwhile, the defendants' voluntary transfer of the name of the automobile of this case constitutes embezzlement or nonperformance of obligation under each of the contract of this case. Accordingly, the plaintiff suffered damages equivalent to 3,267,00 won of the price decline in the automobile of this case, and the rental fee of the same vehicle of this case (monthly 57,039 won) until the completion date of delivery of the automobile of this case. The defendants are jointly and severally liable to compensate the plaintiff for the above damages. Since the defendants are beneficiaries of bad faith who occupy the automobile of this case without title, they are obligated to return the plaintiff's profit of this case to the plaintiff and the plaintiff.

(b) Judgment on the primary claim 1.

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