자동차소유권이전등록절차이행청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts as follows.
In other words, “if the Plaintiff borrowed two million won from the Defendant in 1997 and fails to pay the above money within three months, the Plaintiff agreed to transfer the motor vehicle recorded in the separate sheet to the Defendant and provided all necessary documents for the registration of transfer. On November 25, 1997, the Defendant: (a) executed a provisional disposition prohibiting disposal of the said motor vehicle; (b) the Plaintiff was unable to pay the said money; (c) received the said motor vehicle from the Plaintiff on March 8, 1998; (d) the Defendant acquired the ownership transfer registration of the said motor vehicle from the Plaintiff; and (e) was liable to compensate the Plaintiff for the damages incurred to the said motor vehicle, namely, eight million won for the said vehicle; (c) KRW 3.4 million for the said vehicle; (d) KRW 3.4 million for the said vehicle while driving the said motor vehicle; and (e) KRW 1,48 million for the said vehicle, and (e) the Defendant purchased the said motor vehicle from the Plaintiff around 398, 1998.
It is insufficient to recognize that the plaintiff transferred or received the above vehicle transfer registration to the defendant, and there is no other evidence to recognize that the plaintiff transferred or received all documents necessary for the above vehicle transfer registration.
Therefore, since the plaintiff's claim from the different premise is without merit, the plaintiff's claim is dismissed. It is so decided as per Disposition.
( long as the plaintiff's claim is dismissed, the defendant's defense for the completion of extinctive prescription is not judged.)