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(영문) 수원지방법원안양지원 2015.06.17 2014가단26130

자동차소유권이전등록절차이행청구

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1. The part concerning the claim for confirmation in the lawsuit of this case shall be dismissed.

2. The defendant shall set forth in the attached list from the plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be found as a result of the fact inquiry into Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, and the fact inquiry into Ansan, and the whole purport of the arguments as a result of the response to the order to submit documents to Samsung Fire and Marine Insurance Co., Ltd.

On December 2, 2011, the Plaintiff purchased a motor vehicle with a loan to improve credit rating, sold it again, and repaid the loan with the purchase price. The Plaintiff issued all documents for the vehicle security loan to employees of the borrowed company, and issued to employees of the used vehicle company in a name-free name and issued a certificate of waiver of the motor vehicle, such as a motor vehicle transfer contract.

After that, on January 3, 2012, the registration of ownership transfer was completed in the name of the Plaintiff with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”), and the Plaintiff was also registered as the owner of the instant automobiles until now in the original register of the instant automobiles.

On July 2012, the Defendant purchased KRW 13 million (the original purchase price was KRW 15 million, but the remainder of KRW 2 million was not paid due to the Plaintiff’s failure to issue a seller’s certificate) from a person who was unaware of his name, and operated the instant automobile with a vehicle registration certificate and a vehicle abandonment certificate, and entered into a comprehensive automobile insurance contract with Samsung Fire and Marine Insurance Co., Ltd. by setting the insurance period from December 18, 2012 to December 18, 2013 with respect to the instant automobile.

After that, around September 4, 2013, the Defendant sold and delivered the instant automobile to C in the purchase price of KRW 4.8 million.

2. The Plaintiff’s judgment on the claim for confirmation of the liability for payment of taxes, public charges, and fines for negligence is causing damage to the Plaintiff because the Defendant did not pay taxes, public charges, and fines for negligence imposed on the instant automobile.