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(영문) 서울중앙지방법원 2015.12.11 2015가단82465

자동차소유권인수등록절차이행

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1. The Defendant is based on the agreement of September 2, 2012 on each of the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. The defendant was the previous death of the "D church" in Sungnam-si, and the plaintiff was the new death of the above church.

B. On June 3, 2012, the Defendant: (a) even though he did not intend or have the ability to pay a profit to the Plaintiff, or to repay a vehicle loan, “A motor vehicle is running a motor vehicle siren business, which is insufficient to have the motor vehicle operated. After purchasing a vehicle with a loan, the Defendant may receive a share of KRW 500,000 per month when investing in the motor vehicle siren business within the vehicle rental business after leaving the vehicle to B. The vehicle installment loan was made a false statement.

C. As above, on June 4, 2012, the Defendant, by deceiving the Plaintiff, had the Plaintiff purchase each of the automobiles listed in the separate sheet (hereinafter “each of the instant vehicles”) in the Plaintiff’s name with loans of KRW 26 million from Hyundai Capital, and KRW 26 million from Korean wave social services, and KRW 46 million in total, as indicated in the separate sheet (hereinafter “each of the instant vehicles”), and did not repay the total amount equivalent to KRW 46 million from the Plaintiff while receiving each of the instant vehicles from the Plaintiff, thereby making the Plaintiff subrogated repayment of the total amount equivalent to KRW 46 million.

On the other hand, on September 2, 2012, the Defendant prepared a letter to the Plaintiff stating that “The Defendant will subscribe to the mandatory insurance for each of the instant automobiles, and deposit KRW 2.2 million in the overdue installments. In the event of nonperformance, the Defendant will immediately recover each of the instant automobiles and will be held liable for civil and criminal liability. Until reorganization, the Defendant would be held liable for all of the instant automobiles.” However, the Defendant did not perform the obligation set forth in the letter.

(hereinafter referred to as the "Agreement of this case"). (e) The Agreement of this case shall be

The defendant is above C.

It is currently serving a prison term of four years after being sentenced to imprisonment for the same criminal facts, etc. as stated in the same paragraph.

[Ground of Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2, Gap evidence 5, and Gap.