logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2021.01.26 2020가단523609
소유권이전말소등록
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 2, 2019, the Plaintiffs, who are married couple, purchased an automobile listed in the separate sheet (hereinafter “instant automobile”) on January 2, 2019. On January 8, 2019, the Plaintiffs completed the ownership transfer registration of 10% shares in the Plaintiff’s name and 90% shares in the Plaintiff’s name.

B. On July 9, 2019, Plaintiff B was issued with the head of Guro-gu Seoul Dong Dong-gu, Seoul, as Plaintiff A’s representative, Plaintiff A’s name, and Plaintiff B’s respective certificates of personal seal impression (Defendant: Defendant) for sale in the Plaintiff’s name. On the same day, Plaintiff B issued two copies of the above certificates of personal seal impression to Plaintiff D and delivered the instant automobiles.

(c)

E on July 9, 2019, sold the instant motor vehicle at KRW 78 million on behalf of the Plaintiffs (hereinafter “instant sales contract”) and delivered two copies of the instant certificate of seal imprint on behalf of the Defendant, a company, the business purpose of which is the sale and purchase or brokerage of the instant motor vehicle, etc., and the Defendant paid KRW 78 million to E around that time.

(d)

On January 7, 2020, the Defendant requested E to re-issuance of each of the plaintiffs' respective certificates of seal impression for the transfer registration of ownership of the instant vehicle. The Plaintiffs issued each of the plaintiffs' respective certificates of seal impression via E, and the Defendant completed the transfer registration of ownership (hereinafter "transfer registration of ownership") as of January 7, 2020 as of acceptance No. 003657 on January 7, 2020.

【Fact- without a dispute over the grounds for recognition】 The evidence Nos. 1 and 2, Eul evidence No. 1-1 and 2-2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The plaintiffs' assertion 1) The plaintiffs claim that E will sell the automobiles of this case at a price higher than the market price.

At the same time, the certificate of seal imprint is required for price negotiations, and only the plaintiffs issued each certificate of seal imprint to E, and there has been no power of representation for the sale of the instant vehicle.

arrow