자동차소유권이전등록절차인수
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
In the first instance court, the plaintiff requested the defendant to pay fines for negligence, taxes and public charges, and demand for the acceptance of transfer of ownership registration. The first instance court dismissed the part of the claim for acceptance of the obligation to pay fines and public charges among the lawsuits in this case, and accepted the claim for the performance of the obligation to accept transfer of ownership registration.
Since this Court appealed only to the defendant, the object of this Court's trial is limited to the claim for the above transfer of ownership.
Based on the facts, C, a South East Eastern, around August 2009, purchased the instant vehicle in the name of the Plaintiff by borrowing the Plaintiff’s seal imprint, identification card, etc. from the Plaintiff after cutting off the Plaintiff’s seal imprint, thereby stealinging the Plaintiff’s name. On September 3, 2009, C, a South East Eastern, purchased the instant vehicle in the name of the Plaintiff.
Since then, C borrowed 6,00,000 won from the unregistered credit service provider, offered the instant automobile as security for transfer to the said credit service provider, and delivered it.
Meanwhile, on January 1, 2012, when the Defendant found a vehicle necessary for business, he/she visited the seller’s name in contact with him/her via the Internet, and expressed his/her intent to purchase the vehicle in KRW 5,000,000. On January 10, 2012, the Defendant received KRW 3,000,000 from the Defendant, while delivering the instant vehicle to the Defendant around January 10, 2012.
On January 12, 2012, the Defendant subscribed to the liability insurance for the instant motor vehicle and operated the instant motor vehicle, and was unable to receive the registration document for vehicle transfer from the person who was missing the name, and returned the instant motor vehicle again to the person who was missing the name on January 26, 2012.
[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 3, and the plaintiff's assertion of the purport of whole pleadings as to the whole. < Amended by Act No. 11124, Jan. 12, 2012>