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(영문) 인천지방법원 2016.07.14 2016가단6339
자동차인도
Text

1. The defendant shall deliver the vehicle listed in the attached list to the plaintiff.

2. The costs of lawsuit shall be borne by each person;

3...

Reasons

1. On February 26, 2015, the Plaintiff and the Defendant regarding the Plaintiff’s claim: “The Defendant assumed the Defendant’s obligation to pay the instant vehicle from the Plaintiff to Hyundai Capital Co., Ltd.; the Plaintiff entered into a contract under which the ownership of the automobile listed in the attached list (hereinafter “instant automobile”) owned by the Plaintiff was transferred to the Defendant (hereinafter “instant contract”); on the same day, the Defendant was handed over the instant automobile from the Plaintiff; on the other hand, the fact that it was practically impossible for the Defendant to take over the ownership of the instant automobile from the Plaintiff due to the attachment, etc. of the instant automobile; or that it was practically impossible for the Defendant to take over the ownership of the instant automobile from the Plaintiff as of the date of the attachment, etc. of the instant automobile;

Considering the above facts and all the circumstances revealed in the instant case, the instant contract appears to be a legal act on the condition that one of the Defendant’s installment payment obligation or the Plaintiff’s obligation to register the transfer of ownership of the instant motor vehicle is de facto impossible. The instant contract is currently impossible for the Defendant to take over the installment payment obligation of the instant motor vehicle and to take over the ownership of the instant motor vehicle, and thus lost its validity.

Therefore, the Defendant is obligated to deliver the instant vehicle to the Plaintiff.

3. The plaintiff's claim for the conclusion is accepted on the ground of the reasons.

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