자동차소유권이전등록
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) shall list the attached list to the Defendant (Counterclaim Plaintiff).
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. When the Defendant requested C, a credit service provider, to borrow money, the Defendant stated that C, “When the Defendant purchased a motor vehicle and provided it as a security, he/she will lend the motor vehicle and return the motor vehicle when he/she repaid the loan.”
Accordingly, on November 22, 2013, the Defendant borrowed KRW 40,000,000 from Aju Capital Co., Ltd. and purchased the instant vehicle and completed the ownership transfer registration, and then handed over the instant vehicle to C, and borrowed KRW 10,00,000 from C.
B. Although the Defendant fully repaid the borrowed money, the Defendant did not deliver the instant vehicle, and on August 25, 2014, the Defendant reported the instant vehicle to an illegal name vehicle (tentatively named vehicle), and on the same day, the said fact was stated in the instant vehicle register.
C. When the Defendant filed a complaint against C in fraud, C intended to purchase the instant vehicle from the Defendant, and issued the register of automobiles and the Defendant’s certificate of the personal seal impression (hereinafter “instant documents”), and the Defendant delivered the said documents to C.
On December 5, 2014, the Plaintiff purchased the instant motor vehicle from the name-free motor vehicle dealer, who had the instant documents.
On the same day, the Plaintiff deposited KRW 10,000,000 from the said account to the E’s account designated by the car dealer. 18,400,000 was remitted from the said account to the E’s account.
E. Meanwhile, C was convicted on October 8, 2015 of the facts charged that the instant motor vehicle was acquired by deception from the Defendant (U.S. District Court 2015dan830, etc.) and was convicted on the charge.
[Reasons for Recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 1 to 4 evidence (including various numbers), the purport of the whole pleadings
2. Judgment on the parties' arguments
A. The plaintiff asserted that the defendant delivered the documents of this case to another person, and granted the right of representation concerning the sale of the motor vehicle of this case, and the plaintiff above.