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(영문) 서울남부지방법원 2016.11.25 2016나52482
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall receive KRW 8,876,208 from the plaintiff at the same time.

Reasons

The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for the addition of the following Paragraph 2. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The part of the judgment on simultaneous performance as to the Plaintiff’s obligation to return unjust enrichment equivalent to the Plaintiff’s admission fee, where the Plaintiff is the Plaintiff, that the Defendant’s obligation to perform the procedure for registration of transfer of ownership as to the instant vehicle was in the relation of simultaneous performance with the obligation to return unjust enrichment of KRW 1,199,440 equivalent to the Plaintiff’s admission fee until March 9, 2015.

In excess of KRW 1,199,440, the defendant asserts that the scope of obligation to return unjust enrichment equivalent to the plaintiff's admission fees is more than KRW 1,199,440, and that the amount of excess exceeds KRW 8,876,208, and simultaneously performance defense shall be raised as to the excess amount.

In light of the principle of equity, it is reasonable to view that the obligation of a local government-invested company to take procedures for registering the transfer of ownership on a local government-invested vehicle following the termination of a local government-invested contract and the obligation of a local government-invested company to pay management fees, etc. in arrears are in simultaneous performance relationship. Thus, if a local government-invested company continues to operate a local government-invested vehicle under the name of the local government-invested company's registration of the freight truck of the local government-invested company while the local government-invested company has a right to defense of simultaneous performance, and has operated the freight truck by continuously operating the local government-invested vehicle under the name of the local government-invested company's registration of the freight truck of the local government-invested company, barring any special circumstance, the local government-invested company has gained profits equivalent to the local government-invested fees agreed upon under the local government-invested contract by running the freight truck using the name of the local government-invested company's registration of the freight truck of the local government-invested company without any legal ground.

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