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(영문) 부산지방법원 서부지원 2018.01.26 2017가단4001

자동차소유권이전등록절차인수 등

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1. The defendant is based on the reason of the transfer on July 31, 2008 on the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Around July 2008, the Plaintiff requested the Nonparty to sell and purchase the instant motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and transferred the instant motor vehicle to the Nonparty along with all documents necessary for the transfer of the motor vehicle. On July 31, 2008, the Defendant purchased the instant motor vehicle through a non-party’s person and received it. After receiving the vehicle, the fact that the Plaintiff operated the instant motor vehicle without taking over the ownership transfer registration after receiving the vehicle. There is no dispute between the parties.

Thus, the defendant is obligated to take over the transfer registration procedure based on the transfer contract of July 31, 2008 with respect to the instant automobile from the plaintiff.

2. The Plaintiff asserts that, after July 31, 2008, the Defendant is obligated to pay the Plaintiff a total of KRW 10,434,940,00 imposed in the name of the Plaintiff in relation to the instant vehicle operation.

However, inasmuch as an administrative fine and automobile tax related to the operation of the instant vehicle are imposed in the name of the Plaintiff, in order to dispute the existence of the obligation to pay, separate procedures for objection shall be taken against the competent administrative agency, and the Plaintiff paid the said administrative fine and automobile tax on behalf of the Defendant on behalf of the Defendant, barring such circumstance, the above circumstance alone does not lead to the Defendant’s obligation to pay the Plaintiff the amount equivalent to the above administrative fine and automobile tax, and thus,

3. In conclusion, the plaintiff's claim is accepted within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.