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(영문) 수원지방법원 2018.10.18 2018나3417
자동차소유권이전등록절차인수
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

O's purport.

Reasons

1. On December 7, 2012, the Plaintiff received a vehicle security loan on December 7, 2012 and purchased an automobile indicated in the attached Table (hereinafter “instant vehicle”), and completed the transfer of ownership on the same day.

(2) On December 7, 2012, 201, the Plaintiff purchased the instant vehicle in order to obtain KRW 7 million from the security loan remaining after paying the purchase price of the instant vehicle with KRW 22 million and the remainder of KRW 600,000,000 for the purpose of operation, instead of purchasing the instant vehicle for the purpose of operation. Therefore, on December 7, 2012, the ownership transfer registration of the instant vehicle was completed, the Plaintiff again requested C to sell the instant vehicle and issued various documents (including the Plaintiff’s certificate of personal seal impression necessary for the transfer registration, etc.) including the Plaintiff’s certificate of personal seal impression necessary for the transfer registration.

(3) After December 20, 2012, the Plaintiff sought to recover the instant vehicle by finding the instant vehicle in the used car sales complex (as seen in the front and rear, the instant vehicle is already sold to Nonparty D), but C cannot return the instant vehicle before returning KRW 7 million between the Plaintiff and the Plaintiff’s demand.

Accordingly, on December 24, 2012, the Plaintiff paid C 10 million won or KRW 7 million, but C did not return the instant vehicle and received KRW 7 million and escaped as it is.

(4) On January 6, 2013, in order to find the location of the instant vehicle through an investigative agency, the Plaintiff reported to the Gyeonggi Police Station that “the instant vehicle parked in the parking lot for the 3.1 Movement Memorial Hall in the 3.1st century when the deceased was Ansan,” and the police officer in charge assigned the instant vehicle to the thief vehicle.

(5) Police officers belonging to the Gyeonggi-do Police Station shall be the police officers belonging to the Gyeonggi-do Police Station.

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