소유권이전등록
1. The Defendant received KRW 4,679,413 from the Plaintiff simultaneously with the Plaintiff’s payment:
(a) Description of the attached vehicle;
1. On July 22, 2014, the Plaintiff purchased the same kind of automobile as the instant vehicle from the Defendant and paid KRW 8,000,000 to the Plaintiff.
Since then, the Plaintiff and the Defendant decided to change the said vehicle into the instant vehicle, and the Plaintiff paid KRW 6,000,000 to the Defendant on December 16, 2014.
On January 22, 2015, the Plaintiff and the Defendant entrusted the management of the instant vehicle to the Defendant, and agreed to pay KRW 500,000 each year with the garage rent, and the Plaintiff paid the insurance premium, automobile tax, and garage rent related to the instant vehicle to the Defendant on two occasions by January 21, 2016.
The Plaintiff did not register the transfer of ownership on the instant motor vehicle and used the instant motor vehicle in delivery from the Defendant. Since January 22, 2016, the Plaintiff did not pay the insurance premium, etc. related to the instant motor vehicle to the Defendant. The Defendant’s representative director C brought the instant motor vehicle to the Defendant on December 6, 2018, and currently occupied by the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 4, the purport of the whole pleadings
2. Determination on the registration of transfer and request for delivery of the instant motor vehicle
A. According to the above facts, according to the judgment as to the cause of the claim, the Defendant is obligated to complete the transfer registration procedure on July 22, 2014 with respect to the instant motor vehicle and deliver the instant motor vehicle to the Plaintiff, the purchaser of the instant motor vehicle.
B. The defendant defense defenses that the motor vehicle of this case cannot be transferred until the insurance premium of this case is paid 5,095,060 won, automobile tax of 144,000 won, garage rent of 2,50,000 won, and fine for negligence for delay of the inspection of the motor vehicle of this case of this case of 316,00 won, total of 8,05,060 won.
The fact that the plaintiff used the automobile of this case without completing the transfer registration is examined in the above basic facts.