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(영문) 대전지방법원논산지원 2017.07.06 2015가단4880

차량인도 등

Text

1. As to the Plaintiff’s motor vehicle indicated in the attached list:

A. Defendant B completed on October 13, 2015.

Reasons

1. Facts of recognition;

A. On November 15, 2013, the Plaintiff acquired the instant vehicle, regardless of whether it was before or after the change, (i.e., the registration number of the vehicle was changed to H on October 15, 2015; hereinafter “instant vehicle”).

On July 2015, the Plaintiff issued his certificate of personal seal impression, and the registration certificate and key of the instant vehicle to Police Officer I, and received approximately KRW 1.5 million from I.

B. I issued the above certificate of the personal seal impression to J, and the J issued the above certificate of the personal seal impression to K and borrowed money.

C. L purchased the instant vehicle from K on October 1, 2015, and completed the transfer registration in Defendant D’s name.

On the following day, Defendant C (hereinafter “Defendant C”) purchased the instant vehicle from L and completed the transfer of ownership, and Defendant C purchased the said vehicle from Defendant C on October 13, 2015 and completed the transfer of ownership registration.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, witness L's testimony, purport of whole pleading

2. The parties' assertion

A. The purport of the Plaintiff’s assertion is that each transfer of ownership in the name of the Defendants with respect to the instant vehicle is invalid registration based on the forged vehicle transfer certificate, etc. by J, etc., and thus, the said vehicle must be cancelled. The said vehicle must be handed over to the Plaintiff as its owner.

B. The summary of the Defendant C’s assertion that the Plaintiff granted the Plaintiff the power to sell the instant vehicle or provide collateral, and thus, the registration of each transfer of ownership in the name of the Defendants as to the said vehicle is valid.

Even if the Plaintiff did not grant the above power of representation,

Even if the Plaintiff is liable to the Plaintiff for the expressive representation under Article 125 or 126 of the Civil Act.

3. Judgment by issue

A. The register of automobiles as to whether the power of representation has been granted for the sale of the instant vehicle or the provision of security is not recognized as the presumption of rights identical to the registration of real estate.

(b)in addition,