자동차소유권이전등록절차이행
1. Defendant D is due to an agreement of transfer from the Plaintiff on the date and influence of the motor vehicles listed in the separate sheet.
1. Plaintiff’s request
A. Upon the request of Defendant C, around August 31, 2005, the Plaintiff agreed to transfer the name of the said vehicle in the name of the Plaintiff and to transfer the said vehicle in the name of the said Defendant.
B. However, although the Plaintiff urged Defendant C to transfer the ownership of the above vehicle over several times, the Defendant C refused to comply with this request, Defendant D, who is the child of Defendant C, purchased the insurance on the above automobile under his own name and did not pay various fines for negligence due to speed violations, etc., while operating the above automobile, and thus, its attachment registration is being made.
C. (1) Accordingly, the Plaintiff terminated the above title trust agreement that was concluded in purchasing the instant motor vehicle with the delivery of the instant complaint to Defendant C. Therefore, Defendant C is obligated to accept from the Plaintiff the transfer registration procedure on the ground of termination of title trust on the date of delivery of the instant complaint regarding the said motor vehicle.
(Claim against the principal defendant C). Even if Defendant C did not have the above obligation to take over the transfer registration procedure, Defendant D constitutes a person to whom the instant motor vehicle was transferred from the Plaintiff through Defendant C, and thus, is obligated to take over the transfer registration procedure for the said motor vehicle from the Plaintiff.
(2) In addition, the Defendants are liable to compensate for the amount of damages equivalent to the same amount of the damages suffered by the Plaintiff as a result of their respective (joint) since the Defendants failed to pay fines for negligence while operating the said automobiles, etc., and the total amount of KRW 1840,000,000,000 was registered as attachment of the instant automobiles.
2. Determination
A. (1) According to the judgment on the claim against Defendant C for the transfer of ownership registration procedure, the Plaintiff as of August 31, 2005 on the instant automobile as of August 31, 2005.