유체동산인도
All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
The plaintiff (Counter-Defendant) is a counterclaim in this court.
1. The facts of recognition and counterclaim shall be deemed combined;
A. On November 13, 2018, the Defendant purchased the instant vehicle and completed the ownership transfer registration, and completed the ownership transfer registration on February 18, 2019 to the Plaintiff.
The instant motor vehicle continues to be occupied by the Defendant even after the ownership transfer registration has been completed for the Plaintiff.
B. On February 18, 2019, the Plaintiff paid KRW 1,045,470 to H Co., Ltd. with the insurance premium of the instant automobile (the insurance period from February 18, 2019 to February 18, 2020; the contract party of the said insurance contract is the Defendant; the insured party is the Plaintiff); on July 2, 2019, the first half automobile tax and local education tax (hereinafter “automobile tax, etc.”) imposed on the instant automobile on July 2, 2019; and KRW 354,090,090, including the second half of May 18, 2019, respectively.
C. On August 8, 2019, the Plaintiff requested the Defendant to suspend the operation of the instant motor vehicle and received an order to suspend operation on the same day from the Busan Motor Vehicle Registration Office (hereinafter “instant order to suspend operation”).
At present, after February 18, 2020, the Plaintiff did not subscribe to the automobile insurance for the instant automobile.
For reasons of this, 927,00 won [the penalty tax of 900,000 won (the penalty tax of 900,000 won)] and 354,090 won including upper half-yearly automobile tax in 2020 are imposed respectively.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 14, 16, 17 (including branch numbers for those with additional numbers), Eul evidence 1 and 2, and the purport of the whole pleadings
2. Summary of the parties’ claims
A. The Plaintiff’s principal claim 1) The Plaintiff borrowed money from the Defendant’s Plaintiff’s Plaintiff’s Plaintiff’s child to the deceased ( July 22, 2019), and the Defendant entered into a security transfer agreement on the instant automobile and received the transfer of ownership registration in order to secure the Defendant’s above loan obligation against the Plaintiff. Therefore, the Defendant is liable for the transfer of ownership.