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(영문) 서울서부지방법원 2016.04.07 2015가단231606
부당이득금
Text

1. The Defendant’s KRW 16,926,850 for the Plaintiff and KRW 20% per annum from August 27, 2015 to September 30, 2015.

Reasons

1. The plaintiff alleged in the attached list (hereinafter "the motor vehicle of this case") was originally owned by the plaintiff who entered into a lease contract with Cheongsung Construction Co., Ltd. (hereinafter "the company outside Korea"). The defendant received 16,926,850 won from the auction procedure conducted with respect to the motor vehicle of this case from the non-party company. Since the defendant is merely a right holder against the non-party company and is not a right holder of the motor vehicle of this case, he did not have a right to receive dividends in the above auction procedure, he asserts that there is a duty to return the money equivalent to the above dividends as unjust enrichment.

The defendant asserts that the plaintiff's assertion on the premise that the plaintiff is not the owner of the motor vehicle of this case is without merit, and even if so, the auction of the motor vehicle of this case is invalid as the auction of goods owned by others. Thus, the defendant is obligated to return dividends to the successful bidder as unjust enrichment, and the plaintiff as the owner does not have any obligation to return dividends to the plaintiff

2. In the case of facility leasing of a vehicle, the premise that the ownership of the leased vehicle is reserved in the facility leasing company: Provided, That the duty of various administrative duties concerning the maintenance and management of the vehicle as a realistic and economic necessity and the liability for damages in the event of an accident shall be borne by the facility leasing user so that the vehicle can be registered in the name of the facility leasing user who is not the owner of the vehicle for the convenience. Therefore, it is reasonable to interpret the special provisions on the Automobile Management Act so that the ownership of the vehicle registered in the name of the facility leasing user under Article 33(1) of the Specialized Credit Finance Business Act shall be deemed to exist domestically and externally in the facility leasing company.

(See Supreme Court Decision 2000Da40025 delivered on October 27, 2000, see Supreme Court Decision 2000Da40025 delivered on October 27, 200).

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