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(영문) 의정부지방법원 2017.03.10 2016가단111591

소유권이전등록

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 3, 2014, the Defendant completed the ownership transfer registration on the instant motor vehicle.

B. The Plaintiff holds a power of attorney in the blank form with the Defendant’s seal imprint affixed, a certificate of automobile transfer (transferr, transferee’s direct transaction), the Defendant’s certificate of personal seal impression, certified copy of the resident registration, the register

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion that: (a) around July 3, 2014, the Plaintiff purchased the instant automobile owned by the Defendant in KRW 21,360,000 through a used car with a used car with C, namely, around July 3, 2014; and (b) paid the Defendant in full; (c) the Defendant should implement the procedure for the registration of ownership transfer on

B. In full view of the following circumstances, it is insufficient to acknowledge that the Plaintiff and the Defendant entered into a sales contract as alleged by the Plaintiff with respect to the instant motor vehicle based on the evidence submitted by the Plaintiff, taking into account the above facts acknowledged and the purport of the entire pleadings, and there is no other evidence to prove otherwise.

1) Of the above documents held by the Plaintiff, the Defendant’s seal impression is affixed to the power of attorney and the certificate of automobile transfer, and no content is written. 2) The time when the Defendant registered the transfer of ownership to the instant automobile on July 3, 2014 is the time when the Defendant registered the transfer of ownership to the instant automobile. It is very exceptional that the Plaintiff concluded a sales contract for the instant automobile from the Defendant on the same day.

3) The Defendant borrowed money from C and delivered documents owned by the Plaintiff to C, and confirmed that the instant motor vehicle was sold to a third party, and reported it to a third party with an illegal name (hereinafter referred to as “motor vehicle”), and filed a complaint with the Gu Police Station of Speaker C. 4) The time when the Plaintiff asserts that the sales contract was concluded.