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(영문) 대전지방법원천안지원 2015.09.03 2014가단19512

자동차소유권이전등록

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1. The defendant is based on the sale on October 16, 2009 as to the motor vehicles listed in the separate sheet from the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed KRW 4,500,000 from C on August 14, 2008, and offered the instant automobile for the purpose of securing the above loan obligation. Around August 14, 2008, the Plaintiff issued C documents, such as the original registration certificate, automobile transfer certificate, proxy letter, vehicle transfer consent letter, vehicle transfer agreement note, cash storage certificate, certificate, certificate of personal seal impression, resident registration certificate, copy of resident registration certificate, etc. necessary for the transfer of the instant automobile and the name of the pertinent vehicle.

B. On October 16, 2009, the Defendant entered into a sales contract with C by setting a purchase price of KRW 3,000,000 with respect to the instant automobile under the name of a new stock company that the Defendant had worked with C, and received all documents necessary for the registration of transfer of the instant automobile and all necessary documents.

The Defendant received necessary documents from C for the registration of the transfer of the instant automobiles, but did not complete the transfer registration procedure for the instant automobiles until now, regularly carried out the instant automobile inspection and operated the instant automobile after purchasing the insurance policy.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 through 11, Eul evidence Nos. 7 through 16 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of recognition, the defendant is obligated to take over the transfer registration procedure for the instant motor vehicle from the plaintiff on the ground of the above sale.

The defendant is not allowed to move the automobile to the general public as the automobile for the disabled, or the right to collateral security established on the automobile of this case must be cancelled first.

However, in the course of selling the instant vehicle to the Defendant via C, the Plaintiff’s right to collateral security on the instant vehicle cannot be transferred because the instant vehicle was seized due to the default of administrative fines, etc.