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(영문) 수원지방법원 2015.08.10 2015가단8717

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On August 28, 2007, the Plaintiff completed the ownership transfer registration with respect to an automobile listed in the separate sheet (hereinafter “instant automobile”). Around 2008, the Plaintiff obtained a loan from a person with no name, and delivered the instant automobile as security, and provided all the documents necessary for the registration of ownership transfer.

B. On May 1, 2011, the Defendant entered into a sales contract with a person with no name and with no name, and concluded the instant automobile sales contract with the Hyundai Marine Fire Insurance Co., Ltd. and the Plaintiff as the insured on the same day, and thereafter, operated the instant automobile from around that time.

C. The Plaintiff filed a lawsuit against the Defendant for the registration of transfer of ownership of a motor vehicle with Suwon District Court 2014Kadan12528, and the said court rendered a judgment around August 22, 2014 that “the Defendant will take over the transfer of ownership registration procedure for the instant motor vehicle from the Plaintiff on May 1, 2011,” and the said judgment became final and conclusive around that time.

As of the date of closing argument of this case, the instant motor vehicle is registered in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 2 through 10, Eul evidence 11-1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that, even though the Defendant acquired the instant motor vehicle, the Plaintiff operated the instant motor vehicle without registering the transfer of ownership in the name of the Defendant, thereby allowing the Plaintiff to impose automobile tax, insurance premium, and fine for negligence in the future. Accordingly, the Plaintiff suffered serious mental pain.

Therefore, the defendant specified the details of automobile tax, insurance premium, and fine for negligence imposed on the plaintiff in the future of the plaintiff to the plaintiff 7,445,230 won.