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(영문) 울산지방법원 2015.09.25 2014가단33351

자동차소유권이전등록 절차이행

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1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On September 16, 2013, the registration of transfer of ownership in the Plaintiff’s future was completed on the grounds of “transfer of transaction by trader” as to the motor vehicles listed in the separate sheet (hereinafter “the instant motor vehicle”).

B. On September 17, 2013, the Defendant remitted KRW 1,050,00 to the Plaintiff’s deposit account.

[Reasons for Recognition] Gap 1 and 2

2. The plaintiff's assertion and judgment

A. The Plaintiff’s major assertion (1) the Defendant promised to pay money when purchasing the instant vehicle.

The Plaintiff believed the Defendant’s horse and completed the transfer of ownership on the instant vehicle.

Since then, the Defendant stated to the Plaintiff that “I will complete the ownership transfer registration in the future for the instant automobile” and “I will complete the ownership transfer registration in the future.”

(2) The Defendant, after deceiving the Plaintiff in need of urgency, distributed the instant vehicle as “large-type vehicle”.

(3) In light of such circumstances, the sales contract for the instant automobile between the Plaintiff and the Defendant should be deemed to have been concluded.

(4) Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on September 17, 2013 and to take over the obligation to pay fines for negligence imposed on the Plaintiff on the said automobile.

B. However, it is difficult to find that the sales contract between the Plaintiff and the Defendant was concluded with the aforementioned facts and macroscopic evidence, and otherwise, there is insufficient argument and proof as to the grounds for accepting the transfer registration procedure of the ownership of the instant automobile or the Plaintiff’s obligation to pay the fine imposed on the Plaintiff.

3. The plaintiff's claim is dismissed as it is without merit.