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(영문) 서울남부지방법원 2015.11.06 2015나5427
제3자이의
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1. The plaintiff's appeal is dismissed.

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

3. The chassis number in the annexed Form of the judgment of the first instance;

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, and thus cite it as it is by the main text of Article 420 of the Civil Procedure Act.

2. The assertion and judgment

A. The Plaintiff’s assertion F Co., Ltd. (hereinafter “F”) imported and sold the instant Obaba to L. The J decided to purchase the instant Obaba from L to lend the Plaintiff’s name to L. In order to reduce acquisition tax and registration tax, the Plaintiff closed the use of the instant Obaba on the same day after completing the first owner registration in the name of G, an agent for transfer registration, and filed a reuse report with the Plaintiff as the owner.

Therefore, the owner of Oraba in this case is the plaintiff, and the execution of this case was conducted while Oraba, operated by Oraba, C temporarily stored the Orababa in the sales chain E, so the execution of this case should be dismissed.

B. According to the reasoning of the judgment of the court below, Gap evidence Nos. 3, 5, Eul evidence Nos. 2 and 4, and the fact-finding results on the vehicle registration office in the light of the court of first instance and the purport of the whole pleadings, the following facts are acknowledged.

1) On June 3, 2013, J remitted KRW 10,500,00 to L’s account. On the same day, L drafted a receipt that the Plaintiff was paid KRW 10,500,000 to the Plaintiff. 2) The Plaintiff’s certificate of manufacture of two-wheeled automobile (Evidence A5) submitted by the Plaintiff stated that the Plaintiff was purchased KRW 7,00,000 from F on June 5, 2013.

3) On June 5, 2013, the Plaintiff entered into an insurance contract with EL branch damage insurance company and the instant Obane. 4) On April 15, 2014, the instant Obane was first registered as owner G and registration number H on the same day.

The plaintiff, on April 16, 2014, shall make the instant Obane from G on April 16, 2014.

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