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(영문) 서울중앙지방법원 2018.10.04 2018가단6943

자동차소유권이전등록절차인수청구 등의 소

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1. The Defendant is limited to the cause of sale on April 12, 2012 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Grounds: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Partial dismissal: In general, in a case where property damage occurs due to a non-performance of contractual obligation, the mental suffering which the contracting party received shall be deemed to have been recovered from the compensation for property damage. Thus, there are special circumstances that the compensation for property damage has sustained irrecoverable mental suffering, and only in a case where the other party knew or could have known of such circumstances, the consolation money for mental suffering may be recognized.

(1) In light of the legal principles as seen earlier, even if the Defendant neglected to register the transfer of ownership pursuant to the sales contract of this case, even if the Defendant neglected to register the transfer of ownership pursuant to the sales contract of this case, it cannot be deemed that there was any special circumstance that the Defendant incurred an irrecoverable mental pain, as long as the Defendant was deemed liable to pay the fine for negligence, automobile tax, etc. after the delivery of the motor vehicle. Thus, the claim for consolation money of KRW 5 million is rejected.