beta
(영문) 인천지방법원 2016.05.19 2015가단242626

자동차명의이전등록말소

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) on October 26, 2015 with respect to a motor vehicle indicated in the attached Form to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On October 20, 2015, the Plaintiff registered the instant vehicle at KRW 33,000,000 on the Internet, which is a trading site of the website.

B. On October 22, 2015, the Plaintiff was called “D” (hereinafter only referred to as “D”) from the person called “D”) to the effect that “I will buy KRW 33,000,000 of the instant motor vehicle. I will send a son who is a middle and high endurr for vehicle inspection. I concluded a contract with the birth and transfer related documents. I will deposit money and take over the motor vehicle.”

C. The defendant is the representative of E running used cars sales business, and F is the representative of the defendant.

F around 17:00 on October 20, 2015, after receiving a phone call from D to the effect that “F will sell 25,000,000 vehicles used in halog halog halog 2015 vehicles.” The vehicle used in the halog halog halog son, I sought the Plaintiff’s house around 14:00 on October 23, 2015, according to D’s guidance.

around 14:00 on October 23, 2015, Plaintiff and F confirmed the instant vehicle. Upon D’s request, the Plaintiff prepared a sales contract for a motor vehicle with the purchaser KRW 25,000,000, with D’s phone calls, and issued it to F along with a motor vehicle registration certificate, a certificate of personal seal impression, etc. The Plaintiff and F returned KRW 25,00,000 to the account in the name of a third party of G upon D’s request.

E. D stated that the Plaintiff would pay KRW 33,00,000 to the instant automobile purchase price, while F would sell the said automobile to KRW 25,00,000,000, as it stated that D would sell the said automobile to the Plaintiff, there was a difference between KRW 8,00,000 in the purchase price referred to the Plaintiff and F, but the Plaintiff and F did not confirm the direct purchase price to each other.

F. F transferred KRW 25,00,000 to G, and subsequently demanded the Plaintiff to deliver the instant vehicle, the Plaintiff rejected the delivery on the ground that the Plaintiff did not receive the purchase price.

(g)on October 23, 2015, F shall apply for suspension of payment at intervals of 16:00.