logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.11.01 2017가단3649
자동차 폐차 말소등록 절차이행
Text

1. The part of the claim for the cancellation of registration in the instant lawsuit shall be dismissed.

2. The plaintiff's remaining claims are dismissed.

3...

Reasons

1. The plaintiff's assertion

A. On May 20, 2007, the Plaintiff purchased the automobile indicated in the attached Form (hereinafter “instant automobile”) from C Co., Ltd. (hereinafter “C”) and received delivery around that time.

B. C, the title holder of the instant automobile, is not a delivery of the transfer registration document for the instant automobile to the Plaintiff, but the liquidation was completed after the Plaintiff was dissolved without completing the transfer registration.

C. The Plaintiff seeks to scrap and cancel the registration of an old-age vehicle for which 14 years elapsed since the instant automobile was scrapped. Since C’s liquidation was completed, the Plaintiff sought the scrapping of the instant automobile and the cancellation of registration against the Defendant, who is the last representative director of C.

2. We examine the legitimacy of the part of the claim for the cancellation of registration ex officio on the part of the claim for cancellation of registration of this case.

A lawsuit for the performance of the procedure for cancellation shall be brought against a person liable for registration, and a person liable for registration means a person who loses a right or bears a burden directly by matters to be registered in the form of registration.

Therefore, the person liable for registration of cancellation on the instant automobile is C registered as the owner of the instant automobile, and even if C has been liquidateded, if there is a need to adjust the legal relationship in reality, it is not completely extinguished to the extent that it is necessary to do so, so the person liable for registration does not change.

Therefore, the instant lawsuit, which seeks the registration of cancellation against the Defendant, who is not liable for registration, is unlawful as a lawsuit filed against a non-qualified person for the defendant.

3. Although judgment C on the claim for automobile-scrapping sold the instant automobile to the Plaintiff, it did not register the transfer of ownership, and even if the instant automobile is an old-age vehicle, the Defendant, a representative liquidator, scrapped the instant automobile against the Plaintiff.

arrow