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(영문) 서울서부지방법원 2018.10.16 2018가단220133

자동차이전등록청구

Text

1. The Defendant’s share 2/9 of the network E’s share on the motor vehicle listed in the separate sheet to Plaintiff A is as to the 2/9 share.

Reasons

Facts of recognition

E and Plaintiff B are married children, Plaintiff C, and Defendant.

Attached Form

In the list, vehicles listed in the list (hereinafter referred to as “instant vehicle”) are subject to registration of transfer of ownership by 50% shares of each of E and the Plaintiff.

Following the death of E, Plaintiff B, his spouse, and Plaintiff C, A, and Defendant jointly inherited the respective shares of the deceased E on the instant motor vehicle (hereinafter referred to as “the deceased”) 3/9 and 2/9.

[Reasons for Recognition] The Plaintiff A’s claim determination as to the grounds for a claim based on the facts without dispute, Gap’s evidence Nos. 1 and 2, and the entire argument, is to seek implementation of the transfer of ownership registration procedure against the Defendant who inherited 2/9 shares of the deceased’s co-ownership of the above motor vehicle on the ground of termination of the title trust agreement on the instant motor vehicle.

Plaintiff

A as the actual owner of the instant vehicle, the father, completed the title trust registration of 50% of the ownership of the instant vehicle, and completed the ownership transfer registration of the said share in the deceased’s future, there is no dispute between the parties. The Plaintiff A, in the purport of claim and the application for change of cause of claim on September 15, 2018, sought a transfer registration of the shares inherited by the Defendant among the above co-ownership of the deceased’s co-ownership to the effect that the title trust is terminated. As such, the Defendant is obligated to implement the transfer registration procedure for the ownership transfer registration on the part of the deceased’s shares inherited by the Defendant for 2/9 shares

Plaintiff

B, C의 청구 판단 원고 B, C는 피고가 이 사건 자동차를 인수키로 약정하였다고 주장하여, 청구취지와 �이 자동차를 인수해 갈 것을 구한다.

However, there is no evidence to acknowledge the agreement asserted by the above plaintiffs, and thus the above plaintiffs' claims cannot be accepted.

In conclusion, the plaintiff A's claim is justified, and the plaintiff B and C's claim is accepted.