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(영문) 청주지방법원 2016.08.26 2016나10316

자동차소유권이전등록절차이행청구 등

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1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the court's explanation concerning this case are as follows: "Nos. 3, 15-18 of the judgment of the court of first instance was stated in the reasoning of the judgment of the court of first instance, and since the plaintiff had no right to the motor vehicle itself and the real right holder of the motor vehicle of this case was the defendant, the plaintiff cannot respond to the plaintiff's request for extradition. However, since the plaintiff's claim for possession recovery due to possessory right cannot be tried on the ground of principal right as to the above request for extradition (Article 208 (2) of the Civil Act), the defendant's above assertion is changed to "No. 3, 15-18 of the judgment of the court of first instance was added to the judgment of the court of first instance, and the judgment of the defendant as to the defendant's claim added at the court of first instance is stated in the grounds for the judgment of the court of first instance except for the addition

2. The defendant's decision as to the additional note of the trial of the political party argues that since the plaintiff possessed the automobile of this case while knowing the fact that the automobile of this case is distributed in large one, it cannot respond to the plaintiff's request for extradition. However, as to the lawsuit of possession as stipulated in Article 204 of the Civil Code, illegal possession that is not based on legitimate title is protected. Thus, even if the act of occupying the automobile of this case is illegal because it violates the Automobile Management Act, etc., the actual possession of the automobile of this case should be protected. Thus, the defendant's above assertion is without merit.

3. In conclusion, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the plaintiff and the defendant's appeal are dismissed as they are without merit. It is so decided as per Disposition.