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(영문) 광주지방법원 2019.06.28 2018가합55130

소유권이전등록

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a person with a disability of class 2 at each hearing, who can communicate only with limited communication due to sign language, and the defendant is punished by the plaintiff.

B. A motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) was owned by a juristic person whose previous name is unknown, and the ownership transfer registration was completed on April 25, 200 with respect to the instant motor vehicle under the Plaintiff’s name, and on June 7, 2000, the mortgage creation registration was completed at KRW 2,000,000 for the instant motor vehicle.

C. Since then, multiple registrations of seizure have been completed on the ground of delinquency in payment of automobile tax, fines for negligence due to traffic offense, etc.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, 3, 4, and 10, and the purport of the whole pleadings

2. The plaintiff's assertion

A. Since the registration of transfer of ownership in the name of the Plaintiff for the procedure for the registration of transfer of ownership is null and void since the Defendant entered into a fraudulent use of the Plaintiff’s name by using the Plaintiff’s disability, the Defendant should take over the procedure for transfer of ownership from the Plaintiff on April 25, 200 on the instant automobile.

B. The Defendant, as a result of tort, operated the instant motor vehicle for 17 years after purchasing the instant motor vehicle by stealing the Plaintiff’s name, did not pay the motor vehicle tax and fine for negligence, and took out the obligation and set up a mortgage by stealing the Plaintiff’s name. As such, the Defendant ought to compensate the Plaintiff for the total amount of KRW 7,174,50 (i.e., KRW 5,174,500 (i., motor vehicle tax and fine for negligence) and damages incurred therefrom.

3. If it is intended to request the procedure to take over the ownership transfer registration concerning the automobile judged on the claim to take over the ownership transfer registration procedure, the other party to such request.