자동차소유권이전등록말소 등
1. As to the Plaintiff’s motor vehicle indicated in the attached Form:
A. Defendant B completed on October 29, 2015.
1. Facts of recognition;
A. On May 13, 2015, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) at KRW 180 million and completed the ownership transfer registration, and then left the Defendant B with repair of the instant motor vehicle around September 2015.
B. On October 29, 2015, on the instant motor vehicle, the registration of transfer of ownership was completed due to the trade transfer in Defendant B’s name.
The employees of Defendant D Co., Ltd (hereinafter “Defendant D”) for the purpose of the automobile transaction business at the time set up an application for the registration of automobile transfer in the name of Plaintiff B, the certificate of automobile transfer (for the automobile dealer transaction) and the contract for the used car sales in the name of Plaintiff B and submitted it to the competent authority. The transfer column of each contract was affixed with the seal of the Plaintiff’s representative director’s personal seal impression and the transferor’s personal seal impression was not attached.
C. Defendant C (hereinafter “Defendant C”) purchased the instant vehicle from October 30, 2015 to KRW 165 million, and completed the transfer of ownership on the instant vehicle due to the transaction transfer of the same day. Defendant C (hereinafter “Defendant C”) is in possession upon delivery of the instant vehicle.
As to the instant case, Defendant B was indicted for embezzlement of Seoul Northern District Court Decision 2016Da518, 536 (Consolidated), and on October 27, 2017, Defendant B transferred the name of the instant motor vehicle under Defendant B through Defendant D around October 29, 2015 while being entrusted to repair the instant motor vehicle by the Plaintiff on or around September 2015, Defendant B transferred the ownership of the instant motor vehicle under the name of Defendant B. On or around October 29, 2015, Defendant B was sentenced to conviction on the criminal facts of “a person who, around the 30th of the same month, received the purchase price of KRW 150 million from Defendant C and embezzled the Plaintiff’s property by transferring the name of the motor vehicle in the future of Defendant C.” The appeal is in progress.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 9 (including the paper number).