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(영문) 대구지방법원포항지원 2016.02.16 2015가단302855

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On February 11, 2011, motor vehicles listed in the separate sheet (hereinafter “instant motor vehicle”) were newly registered under the name of the Defendant C, and the transfer of ownership (transfer of transaction) was completed under the name of the Plaintiff on January 25, 2013, and the same year.

2. The registration of transfer of ownership in the name of the defendant B was completed in the name of the defendant B, and the same year thereafter;

3.6. The registration of transfer of ownership (transaction transfer) was completed in the name of Defendant D.

B. Defendant D occupies and uses the instant vehicle as of the date of closing argument in the instant case.

[Reasons for Recognition] Facts that there is no dispute over Defendant W, C, and B, entry of evidence No. 2, the purport of the entire pleadings, and the conclusion of confession as to Defendant D

2. Summary of the parties’ assertion

A. Plaintiff 1) purchased the instant motor vehicle on February 11, 201, and held title trust with Defendant C on or around January 201, 201, the Plaintiff terminated the instant title trust agreement and registered transfer of ownership in the name of the Plaintiff on January 25, 2013. Defendant C lent the instant motor vehicle from the Plaintiff at the time of the Plaintiff’s registration of transfer of ownership under its name and sold the instant motor vehicle to Defendant B by using that name to Defendant C. Even though the instant motor vehicle had already been registered as transfer of ownership under the name of the Plaintiff, Defendant B had prepared an application for transfer of ownership and a certificate of transfer of ownership to Defendant B, along with the motor vehicle registration certificate received from Defendant C, even if the instant motor vehicle was already registered under the name of the Plaintiff. At that time, Defendant B accepted the said application in the name of the Plaintiff and applied for the transfer of ownership in the name of the Plaintiff, without confirming the transfer of ownership, notwithstanding the fact that the transfer of ownership was made in the Plaintiff’s name.

3. As such, on January 25, 2013, the owner of the instant vehicle, who was already the Plaintiff, is only the title trustee.