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(영문) 대전지방법원 2018.02.08 2016가단36994

차량인도

Text

1. On February 24, 2017, the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) on an automobile indicated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Issues and judgments

A. 1) The plaintiff's assertion 1) terminated the title trust agreement of this case by delivering a copy of the counterclaim of this case on the ground that the plaintiff entered into a title trust agreement with the plaintiff on the instant automobile and owned the instant automobile in the name of the plaintiff. However, with respect to the instant automobile, 6,187,371 won was paid from the plaintiff's corporate passbook to the defendant, such as vehicle price and automobile tax, etc. as stated in the separate sheet, and 171,540 won was imposed on the plaintiff, including automobile tax of this case, 101,540 won, and 70,000 won was imposed on the plaintiff. Thus, the defendant is obliged to pay the plaintiff a sum of 6,358,911 won, such as the above expenses and dues, etc., at the same time when the above title trust registration procedure is performed, but the plaintiff is expected to claim against the defendant's words Eul for the above amount of 5,340,634 won, and thus, the plaintiff is obligated to pay the above transfer of title trust contract between the plaintiff and the defendant.

B. There is no dispute between the parties to the judgment, or according to the evidence Nos. 5 and 10, respectively, the amount of KRW 6,187,371 from May 11, 201 to December 29, 2015, as stated in the separate sheet Nos. 5 and 10, was deposited from the passbook opened in the Plaintiff’s name, and KRW 51,890 from the said money was deposited on December 29, 2015, which was deposited on December 29, 2015, constitutes automobile tax on the instant motor vehicle; the Plaintiff related to the instant motor vehicle on August 31, 2016.