beta
(영문) 수원지방법원 2018.11.29 2017가단546749

소유권이전등록

Text

1. Defendant B:

A. On January 9, 2018, a title trust agreement is concluded on each of the motor vehicles listed in the separate sheet 1 and 2 from the Plaintiff.

Reasons

1. Determination as to the claim for the transfer of ownership on the motor vehicle against the defendant B for the acquisition of the procedure and the claim for damages

A. (1) The fact of recognition (1) Upon Defendant B’s request, the Plaintiff, which is a mid- and long-term ender, entered into a title trust agreement with respect to a motor vehicle purchased by Defendant B from its name due to the fact that the transfer of ownership is registered in the Plaintiff’s name only for one month, and completed the transfer of ownership on March 25, 2016 under the name of the Plaintiff on March 23, 2016. On January 2017, the Plaintiff entered into a title trust agreement with respect to the motor vehicle listed in the separate sheet 2 (hereinafter “instant motor vehicle”). On January 25, 2017, the Plaintiff entered into the title trust agreement with respect to the motor vehicle listed in the separate sheet 1 (hereinafter “each of the instant motor vehicles”) and completed the transfer of ownership in the Plaintiff’s name on January 25, 2017.

(2) Meanwhile, for the payment of the price of each of the instant automobiles, Defendant B entered into an agreement on the installment loan of automobile price of KRW 25,151,801 on March 22, 2016 with the Plaintiff for the instant automobiles under the name of the Plaintiff, which is to pay KRW 25,151,801 on a total of 24 occasions, and the agreement on the installment loan of automobile price of KRW 19,543,617 on January 23, 2017 with the said automobiles to pay KRW 19,543,617 on a total of 36 occasions.

(3) However, unlike the agreement, Defendant B did not register the transfer of ownership in its own name even though one month has passed since the registration of the transfer of ownership in the Plaintiff’s name with respect to each of the instant automobiles.

(4) With respect to the instant vehicle No. 1, the Plaintiff paid KRW 8,378,820 of the principal and interest on eight-minutes from September 1, 2017 to April 2018 to Defendant B, instead of Defendant B, the Plaintiff paid KRW 233,410 of the automobile tax imposed on June 6, 2017 and December 12, 2017, and KRW 480,800 of the additional dues imposed on the grounds that the automobile tax was delinquent, and KRW 6,990 of the automobile tax imposed on each of the imposed on each of the instant automobiles No. 233,410, and KRW 3,