자동차소유권이전등록 등
1. The Plaintiff:
A. Defendant A shall pay KRW 3,772,391 and KRW 3,475,117 among them from September 19, 2017 to the date of full payment.
On April 7, 2015, the Plaintiff indicated the claim for the cited portion and lent the amount of KRW 13.9 million to the Deceased at the interest rate of KRW 16.9% per annum and the interest rate of delay damages rate of KRW 28.9% per annum.
As of September 18, 2017, an obligation of KRW 8,802,247 (i.e., the remaining principal of the loan at KRW 8,108,607, the unpaid interest at KRW 356,326, the delay damages at KRW 337,314) remains.
The Deceased died on April 26, 2017, and the Defendants exist as his inheritor.
The defendants' share of inheritance is 2/7 each of defendant A (spouse), 3/7, 2/7, 3 (child).
Article 208 (3) 1 and Article 257 (1) of the Civil Procedure Act of the applicable provisions of the Acts (a non-litigation following the submission of a written reply) of the Plaintiff asserts that the Defendants, as the inheritor of the Deceased, are liable for the registration of transfer of ownership to the instant automobile.
However, the Defendants succeeded to the rights and obligations comprehensively following the deceased’s death as the inheritor of the deceased. Thus, it is difficult to deem that the Plaintiff, a general creditor of the Defendants, has the right to seek the implementation of the transfer registration procedure against the instant motor vehicle by a separate judgment against the Defendants.
Therefore, the plaintiff's claim for this part is without merit.
In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.