직권말소등록처분 무효확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Details of the disposition
In light of the above, the Plaintiff concluded each sales contract with B (hereinafter “B”) on the instant automobile from December 23, 200 to December 26, 2000, and completed the registration of transfer of ownership of each of the instant automobiles to B.
On November 30, 2004, the Daegu District Court (2002Kadan75541) decided that “The transfer of the ownership of the instant vehicle, the sole property of which is the property owned by the Plaintiff to B while the Plaintiff bears the liability for damages to the driver of the instant vehicle, constitutes a fraudulent act against the said driver, the obligee,” and sentenced the judgment to the effect that “A sales contract for the instant automobile concluded between the Plaintiff and B is revoked, and B, the beneficiary, is obligated to implement the procedure for cancellation of each ownership transfer registration for the instant automobile” (hereinafter “related judgment”).
On March 17, 2005, the Defendant notified the Plaintiff that “the sales contract for the instant automobile was revoked in accordance with the determination of the relevant judgment, and the place of use of the truck for business use was changed to a crossing group as of February 14, 2005,” and notified the Plaintiff of the following matters:
3. In accordance with the above final judgment, notification that the conditions of permission for the general trucking transport business under Article 3 of the Trucking Transport Business Act (hereinafter “ Trucking Transport Business Act”) and Article 6 of the Enforcement Rule of the same Act will be fulfilled by April 15, 2005, the conditions of permission within the time period and relevant matters shall be met, and an application for permission under attached Form 3 of the Enforcement Rule of the Trucking Transport Business Act shall be filed
4. In addition, when the conditions of permission are not fulfilled and the application for permission is not filed within the above period, the time for reference to the scheduled cancellation of registration ex officio with respect to the vehicles to be attached under Article 13 of the Automobile Management Act in accordance with the relevant procedures.
The defendant shall file an objection ex officio on June 15, 2005.