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1. The Defendant’s ground for termination of title trust on June 17, 2015 for the Plaintiff’s automobile indicated in the attached list.
Reasons
1. Basic facts
A. On January 29, 2014, the Defendant remarriedd with the Plaintiff’s mother C on January 29, 2014, and is currently proceeding with C and divorce proceedings as of the date of closing the argument in
B. On April 2014, the Plaintiff purchased a motor vehicle listed in the separate sheet (hereinafter “the instant motor vehicle”) under the title trust agreement with the Defendant and completed the ownership transfer registration in the name of the Defendant.
C. On June 17, 2015, the Plaintiff expressed his/her intent to terminate the above title trust to the Defendant in the first place.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion and judgment
A. According to the facts based on the determination as to the cause of the claim, the Defendant is obligated to implement the procedure for ownership transfer registration on the ground of termination of title trust on June 17, 2015 with respect to the instant automobile to the Plaintiff, barring any special circumstance.
B. The defendant's assertion 1 argues that the defendant cannot implement the procedure for ownership transfer registration concerning the motor vehicle until the plaintiff pays 804,170 won for the installment of this case paid by the defendant on behalf of the defendant.
According to the evidence No. 1 of this case, it is acknowledged that KRW 804,170 was paid for the installment of this case from the defendant's account under the name of the defendant, but it is doubtful that the plaintiff's mother paid the amount withdrawn from the account No. 11 to 14 in full view of the whole purport of the pleadings, and the defendant paid it to the defendant, and it is not a simple transfer by the defendant.
Furthermore, even if the defendant paid part of the automobile installments at the defendant's expense as alleged by the defendant, the defendant may separately claim that the defendant can pay it to the plaintiff, the plaintiff's obligation to pay the substitute payments and the defendant's obligation to perform the procedure of registration in the name of title is concurrently implemented on the ground that the title trust of the defendant is terminated.
(2).