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(영문) 인천지방법원 2017.01.24 2016가단25712

손해배상

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. Defendant New Capital Co., Ltd. (hereinafter “Defendant New Capital”) is the “motor vehicle registration number owned by Nonparty Haba Co., Ltd. (hereinafter “Nonindicted Company”): B, chassis number: C, name: LWB 3.0 TDB quat and model year: A8W 3.0 TDI quat and model year: 2012 'Ib 'Ib 'the instant motor vehicle’ (hereinafter “the instant motor vehicle”).

B. On February 3, 2015, the instant automobile was revoked ex officio upon revocation of the license, and the number plate was returned respectively.

C. On February 4, 2015, the Plaintiff purchased the instant motor vehicle from Nonparty Company KRW 60,000,000, and obtained temporary operation permission on the instant motor vehicle from the head of Yeonsu-gu Incheon Metropolitan City on February 11, 2015, and was extended on February 17, 2015 by February 26, 2015.

On the other hand, on January 20, 2015, Defendant New Capital filed an application for the issuance order of the instant automobile with the Incheon District Court D prior to filing a request for auction, and on January 23, 2015, Defendant New Capital received a decision of acceptance from the said court (hereinafter “instant order of delivery prior to filing a request for auction”).

E. On February 5, 2015, Defendant New Capital filed an application for the instant order of delivery of the instant vehicle on the basis of the instant order of delivery prior to the instant application for auction, and the enforcement officer E affiliated with the Incheon District Court: (a) on February 10, 2015, the instant vehicle possessed by Nonparty F in the parking lot No. 223, Seo-gu, Seo-gu, Incheon, Seo-gu, 223-ro, 28 (Yannam-dong, Geumcheon-gu apartment), and (b) executed the instant vehicle delivery execution (hereinafter “instant delivery execution”); and (c) Defendant New Capital Capital, the creditor of the instant application for auction, had him keep it in the Nam-gu, Incheon.

The extradition execution protocol of this case states that "the chassis number is confirmed without a tea number plate".

F. Defendant New Capital: (a) on February 11, 2015, applied for an auction of the automobile in this case to the Incheon District Court H on February 11, 2015; and (b) on February 13, 2015.