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(영문) 서울중앙지방법원 2016.08.10 2015가단5259802

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. On October 31, 2008, the Social Services Korea Co., Ltd. (hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) completed the ownership transfer registration for BMW530i 2008 vehicle (hereinafter “the instant vehicle”).

B. On October 31, 2008, the non-party company lent the instant car to D with the lease period from October 31, 2008 to October 31, 2013. Since D delayed payment of lease fees, the contract was terminated on June 2009.

C. During the non-party company’s failure to receive the instant vehicle from D, the non-party company’s certificate of seal impression (No. 5-3) of the non-party company, and the certificate of automobile transfer (No. 5-5-5), registered the transfer of ownership to F upon receipt on July 22, 2009, with respect to the instant vehicle.

After the transfer of ownership is registered in F's name, the transfer of ownership has been registered in E-ROMs on the sales of the motor vehicle operated by the plaintiff, who is a motor vehicle with the head of Seocho-gu Seoul Metropolitan Government on the same day.

On August 14, 2009, Nonparty Company completed the ownership transfer registration for the instant passenger car.

On July 6, 2010, the non-party company filed a lawsuit against the plaintiff and H seeking the delivery of the instant car (Seoul Eastern District Court 2009Kadan70945), and received a settlement recommendation from the above court to the effect that "the plaintiff and H deliver the instant car to the non-party company," and the said decision became final and conclusive around that time.

[Ground of recognition] Gap evidence Nos. 1 through 4 (including branch numbers), Gap evidence Nos. 5-2 through 6, and 9, the purport of the whole pleadings

2. The Defendant’s vehicle registration manager, who caused the Plaintiff’s claim, completed the transfer of ownership in the name of F in the name of F by the Nonparty Company, and did not verify the following:

The Plaintiff actually purchased the instant car as a motor vehicle with the motor vehicle endler, but lost its ownership, and the Plaintiff’s extradition lawsuit, such as the purchase price, the registration tax, etc., was conducted.