(영문) 광주지방법원 2017.09.14 2017나1116 | 리걸엔진

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(영문) 광주지방법원 2017.09.14 2017나1116

손해배상(기)

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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

purport, purport, and.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff’s bus sales 1) on September 30, 2015, the Plaintiff: (a) on September 30, 2015, to the Defendant (the former trade name before the change: the registration number: B, C, D, and borrowed name: The two; (b) the chassis number: E, and the engine model: ISO3.8S5168; and (c) “the instant bus”

(2) The Plaintiff sold the instant bus at KRW 52,00,000. At the time, the Defendant paid the Plaintiff KRW 10,000,000 as down payment on September 30, 2015, and KRW 42,00,000 as of October 6, 2015, respectively, and the Plaintiff agreed to deliver the instant bus after completing the ownership transfer registration on September 30, 2015 (hereinafter “instant sales contract”).

(2) On September 30, 2015, the Plaintiff registered the transfer of ownership of the instant bus to the Defendant.

3) On October 1, 2015, the Defendant paid the Plaintiff a down payment of KRW 10,000,000 to the Plaintiff. (B) On December 22, 2015, the Plaintiff notified the Defendant that the instant sales contract will be rescinded on the grounds that the remainder is unpaid.

2) On January 15, 2016, the Plaintiff filed a lawsuit against the Defendant for the cancellation of the registration of the instant bus transfer (Seoul District Court 2016DaMa1804). On April 7, 2016, the Gwangju District Court rendered a judgment in favor of the Plaintiff to cancel the registration of the ownership transfer under the Defendant’s name, which was completed with respect to the instant bus, and this judgment became final and conclusive as is. The Plaintiff revoked the registration of the ownership transfer on September 30, 2015 under the Defendant’s name, which was completed with respect to the instant bus on May 13, 2016. [In the absence of grounds for dispute, the purport of the entire pleadings is as follows: Gap, 1,2,5,7,7, 9, 10, 13 evidence, evidence Nos. 1, 2, 3, and 3.

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion (non-performance of obligation) 1 completed the transfer registration of ownership on the bus of this case to the defendant, and delivered the bus of this case.

Nevertheless, the defendant does not have to do so.

유사 판례

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