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(영문) 부산지방법원 2015.06.11 2014나12161

자동차소유권이전등록

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1. Revocation of a judgment of the first instance;

2. The defendant on March 2010, as to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Basic facts

A. On March 23, 2009, the Plaintiff completed the registration of change of ownership of the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. On March 2009, the Plaintiff borrowed money from a lending business entity under his name at the time of leaving the country at the end of the day of March, 2009 and entrusted the instant automobile as security.

C. On May 25, 2009, the registration number of the instant vehicle was changed from F to C. D.

From March 2010, the Defendant operated the instant motor vehicle after being handed over to a police officer, and around March 20, 201, the Defendant was notified of the violation of the method of career change in front of the same high school while driving the said motor vehicle.

[Reasons for Recognition] Uncontentious Facts, Gap evidence No. 1, each fact inquiry results against the Head of the ideology and body of the first instance Busan Metropolitan City, the Head of Busan City Police Station, and the purport of all pleadings

2. The parties' assertion

A. On March 31, 2009, the Defendant asserted that the instant vehicle was acquired by the Plaintiff’s creditor or a third party from the Plaintiff’s third party, or transferred by the third party to the Defendant on March 31, 2009, and accordingly, he/she sought acquisition of the transfer registration procedure.

B. The Defendant asserted that, on March 2010, the Defendant: (a) leased the instant vehicle from a seller with the name of a secondhand buyer on the name of a police officer; and (b) operated the instant vehicle after determining the annual rent of KRW 3 million; and (c) completed the repair of the said vehicle after the accident on March 20, 201 and returned it to the said buyer; and (d) did not purchase the instant vehicle.

3. (1) Determination (1) The fact that the Plaintiff only left the instant vehicle as security against the non-name lender, but did not prepare and give the power of attorney on the disposition to the lender is recognized by the Plaintiff itself.

(The Second Statement of Pleadings in the First Instance). However, in cases where an unentitled person disposes of another person's right under his/her own name or with his/her own right, the holder of the right may approve the act of disposal by ratification on the subsequent date, and in such cases, barring any special circumstances.