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(영문) 광주지방법원 2016.04.26 2015가단42266

자동차인도

Text

1. The defendant shall deliver the vehicle listed in the attached Form to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On June 18, 2008, the registration of ownership transfer in the name of the Plaintiff was completed on June 17, 2008 with respect to the motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. On June 16, 2010, the Plaintiff filed a lawsuit against B claiming the implementation of the procedure for ownership transfer registration on the instant motor vehicle due to the restoration of the authentic name (Scheon District Court 2010Kadan1889) while the said registration of ownership transfer was completed by forged documents, and was sentenced to a favorable judgment (a non-litigation judgment) on the instant motor vehicle on June 16, 2010, and the said judgment was the same year.

8.4. Finality was established.

C. On November 17, 2010, the Plaintiff completed the transfer of ownership on the instant motor vehicle based on the above judgment. D.

Around January 2010, the Defendant occupied and used the instant motor vehicle from B with the registration certificate of the instant motor vehicle. Around May 28, 2014, the solomon Credit Information Co., Ltd. (hereinafter “ Solomon Credit Information Co., Ltd.”) delegated by the Plaintiff was delivered to the Plaintiff with the said motor vehicle parked in Dong-gu, Gwangju Metropolitan City.

E. Accordingly, the Defendant filed a lawsuit against the Plaintiff to confirm that the ownership of the instant motor vehicle exists against the Defendant, and received a judgment in favor of the Defendant to the effect that the instant motor vehicle should be handed over to the Defendant (see, e.g., Gwangju District Court Decision 2015Na782, Aug. 26, 2015; hereinafter “instant prior judgment”) and the said judgment became final and conclusive on January 19, 2016.

Part of claim for confirmation of ownership of a motor vehicle: A winning part of claim for delivery of a lost motor vehicle;

F. According to the above judgment, the defendant has occupied the automobile of this case by being handed over again.

【Reasons for Recognition】 Entry of evidence No. 1 and the purport of the whole pleadings

2. The Plaintiff’s assertion is that the Defendant occupied the Plaintiff’s vehicle, which was owned by the Plaintiff under the name of the Plaintiff.