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(영문) 수원지방법원 안산지원 2018.09.07 2018가단5577

자동차소유권이전등록절차이행

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The summary of the Plaintiff’s claim, the Plaintiff’s father, (hereinafter “the deceased”), sold the automobiles listed in the separate sheet to the Plaintiff, and the Plaintiff agreed to pay, use, and operate all expenses in the name of the deceased. Since the title trust agreement was terminated upon the death of the deceased on January 31, 2018, the Defendants, the deceased’s children, are obliged to implement the procedures for ownership transfer registration with respect to the said automobiles to the Plaintiff.

2. The deceased’s property obligation is inherited to the deceased’s property heir. On March 26, 2018, the Defendants, the deceased’s children, filed a report on the waiver of the deceased’s property inheritance in the Youngju District Court’s Youngdong Branch on April 2, 2018, and the said report was accepted on April 2, 2018, and there is no dispute between the parties. According to the above facts, the Defendants are not the heir of the deceased’s property from the commencement of inheritance (see, e.g., Supreme Court Order 2005Ma425, Jul. 4, 2006). The Defendants are not obliged to perform the procedure for the registration

Therefore, the Plaintiff’s claim based on the premise that the Defendants are the deceased’s heir cannot be accepted without examining the remainder of the claims.

3. In conclusion, the Plaintiff’s claim against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.