beta
(영문) 수원지방법원 2019.09.18 2017가단545593

소유권이전등록

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. The Plaintiff’s assertion is premised on the fact that a sales contract for an automobile listed in the separate sheet was concluded between the Plaintiff and the Defendant, and the Plaintiff primarily sought cancellation of ownership transfer registration and compensation for damages arising from the cancellation of the sales contract, and the Plaintiff seeks preliminary payment of the remainder of the sales price based on the sales contract.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff had concluded a sales contract for an automobile listed in the attached Form between the Defendant, and there is no other evidence to acknowledge it.

[Plaintiff did not submit a sales contract on a motor vehicle stated in the separate sheet despite the repeated order of this Court, and according to the facts and the purport of the entire pleadings, in a criminal case related to a motor vehicle stated in the separate sheet (U.S. District Court 2017DaMa2028 case), it appears that the Plaintiff took an attitude inconsistent with the allegations stated in the instant case, such as asserting to the effect that “the motor vehicle stated in the separate sheet was sold to C and D and was transferred to the Defendant under the name of the Defendant.” Therefore, the Plaintiff’s primary and conjunctive claim is without merit without any need to further examine.

2. The plaintiff's main and ancillary claims in this case are all dismissed as it is without merit. It is so decided as per Disposition.