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(영문) 대구지방법원 2015.05.28 2014나18894
자동차소유권이전등록
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are dismissed, respectively.

2. After an appeal is filed.

Reasons

1. The reasons for the court's explanation concerning this case are as follows, except for the addition of the following judgments with respect to the conjunctive claims added at the trial of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The plaintiff's conjunctive claim is the conjunctive claim of this case. If the plaintiff's primary claim is not accepted, the defendant made unjust enrichment of the purchase cost of each of the motor vehicles of this case borne by the plaintiff. Thus, the defendant is obligated to pay 31,437,456 won and delay damages to the plaintiff out of the above money.

However, as seen earlier, in light of the fact that the plaintiff and the defendant living together for a considerable period of time, and that the plaintiff and his father and wife mainly operated each of the motor vehicles of this case, it cannot be deemed that the defendant acquired profits equivalent to the expenses without any legal ground, and thus, the plaintiff's assertion in this part cannot be accepted.

3. The conclusion is that the plaintiff's main claim and the conjunctive claim are all dismissed without merit, and the judgment of the court of first instance that dismissed the plaintiff's main claim is just, and it is so decided as per Disposition by the plaintiff's appeal and the conjunctive claim added at the trial.

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