beta
(영문) 인천지방법원 2020.08.13 2019나2605

자동차소유권이전등록

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. The parties' assertion

A. On December 6, 2007, the Plaintiff asserted that the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) from C, but did not complete the ownership transfer registration, but sold the instant motor vehicle to the Defendant on or around January 7, 2008, and issued the documents necessary for the ownership transfer registration.

The Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff.

B. The defendant's assertion that he purchased the automobile of this case from the plaintiff.

It was only the fact that the Defendant used the instant car siren for one month and returned.

2. According to the facts that there is no dispute over the market purchase and the statements in Gap evidence Nos. 1 and Eul evidence No. 1, the defendant concluded the automobile insurance contract of this case (former No. E) with the insurance period from January 7, 2008 to February 7, 2008. However, the above recognition alone is insufficient to recognize that the defendant purchased the automobile of this case from the plaintiff, and there is no other evidence to prove otherwise.

(No possibility that a third party to whom the instant motor vehicle was delivered by the Plaintiff has lent the motor vehicle to the Defendant cannot be ruled out). The Plaintiff’s assertion is without merit without examining any further.

3. The plaintiff's claim for the conclusion must be dismissed as there is no reasonable ground.

The judgment of the first instance is unfair because the conclusion is different, so the judgment of the first instance is revoked, and the plaintiff's claim is dismissed.