소유권이전등록
1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. Basic facts
A. On February 17, 2012, the Plaintiff and C drafted an authentic deed of a monetary loan agreement (No. 64 of 2012) for consumption and loan agreement (No. 1) of 20 million won, which was concluded and lent to C on August 17, 2012 by the Plaintiff as the interest rate of 5% per annum and due date for repayment.
B. On February 21, 2012, the Plaintiff, the Defendant, and C: (a) drafted a written agreement with the following contents; and (b) obtained the said written agreement with the law firm No. 299 (Evidence A1) on the same day.
(hereinafter referred to as “instant agreement”. A/B: B/C: He/she shall immediately succeed to the right to use the vehicle of “B” (e.g., BM528i) to “B” when the “B” is required by the notarial deed 2012 No. 64 prepared by the YYAA on February 17, 2012.
On or after August 17, 2012, “B” is immediately transferred to “B” the ownership of the D(BM528i) belonging to the Y that is the principal representative director without any condition.
Provided, That the expenses for transfer of ownership (limited to the expenses for the special consumption tax, education tax, value-added tax, and the certificate of completion of scrapping in substitutes) shall be borne by "B".
In the event that “A” normally performs the obligation to “B”, the terms and conditions set forth above become void, and “B” shall immediately submit the mortgage termination document set forth on the vehicle to “B”.
C. According to the instant agreement, the Plaintiff is the Defendant-owned automobiles listed in the separate sheet of the vehicle attached to the foregoing D (BMW528i) as the Defendant-owned vehicles, and hereinafter “the instant vehicle.”
(B) On February 22, 2012, the registration of the establishment of a right to collateral security in the amount of KRW 26,000,000 with respect to the vehicle registration office in Kimhae-si was completed on February 22, 2012. [The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, and Eul evidence No. 1, and the purport
2. Determination on the main claim
A. The Plaintiff’s judgment on the cause of the claim is KRW 20 million to C.