beta
(영문) 대구고등법원 2019.05.16 2018나24067

제3자이의

Text

1. All of the plaintiffs' primary and conjunctive claims that were changed in exchange in this court are dismissed.

2. Action.

Reasons

1. Basic facts

A. Entry in the attached list;

1. 자동차(이하 ‘이 사건 자동차’라고 한다)는 수입차로서 2013. 4. 5. 최초 등록되었고(L ⇒ M), 2014. 12. 4.자로 주식회사 H 명의의 소유권이전등록이 마쳐졌다가(N), 2016. 2. 16.자로 주식회사 F 명의로 소유권이전등록이 마쳐졌고(O), 2016. 2. 29.자로 주식회사 G 명의로 소유권이전등록이 마쳐졌으며(P ⇒ Q) 이 사건 자동차와 함께 2016. 2. 29.자로 구동축이 없는 골드호퍼모듈트레일러 1대(자동차등록번호 : T, 형식 : THP/SL6, 연식 : 2008, 차대번호 : U)에 관하여도 주식회사 G 명의의 소유권이전등록이 마쳐졌다. ,

On July 19, 2017, the registration of transfer of ownership was completed in the name of corporation D.

(R ⇒ J). 나.

On the other hand, the instant motor vehicle is the entrusted vehicle invested by F in kind by F Co., Ltd. to G on March 2, 2016, and on September 5, 2016, stating that the said entrusted vehicle is terminated by F Co., Ltd.

C. Around February 17, 2016, F Co., Ltd.: (a) its trade name was changed to “C” of S Co., Ltd. (hereinafter “Defendant”) to “C”; and (b) the attached list attached to the instant motor vehicle and the said motor vehicle was attached to it.

2. The object (hereinafter “the power equipment of this case”) was loaned as security, and the registration of mortgage in the name of the defendant was completed on the said motor vehicle.

After that, from “Plaintiffs and V,” which owned the instant automobile in the name of F, “H,” which is the representative director, was actually purchased by the Defendant and received the remainder payment loan from the Defendant. However, the said automobile was offered as security, and the said mortgage creation registration was revoked accordingly, and on August 31, 2016, the registration of mortgage creation was completed with respect to the instant automobile, which was the Defendant of H, mortgager G, and mortgagee.

hereinafter referred to as "the case."