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(영문) 인천지방법원 2017.02.08 2016가단14569
자동차명의이전등록 말소등록절차이행
Text

1. As to the share of 99% among the motor vehicles listed in the separate sheet:

A. It was concluded on July 30, 2015 between the Defendant and C (D).

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff: (a) lent KRW 52 million to C in four installments per annum from May 2, 2012 to December 5, 2012; (b) the Plaintiff filed a lawsuit claiming loans against C around May 2015, against the Incheon District Court 2015dan218715; and (c) the said court rendered a judgment on October 30, 2015, stating that “C shall pay to the Plaintiff 67 million won and 42 million won per annum from May 5, 2015 to the date of full payment.” (c) the Plaintiff was unable to repay debt to the said Plaintiff, and the Plaintiff did not pay the loan, and thus, filed a lawsuit claiming loans against the Defendant on July 30, 2015, which was jointly owned by the Defendant (hereinafter “attached Form”).

A) Of these, 9% shares are transferred, and the name transfer registration is completed on the same day.

B. According to the above facts of recognition, the acquisition contract concluded on July 30, 2015 with respect to the instant automobile between the Defendant and C constitutes a fraudulent act detrimental to the general creditors of C including the Plaintiff, etc., and thus, the above acquisition contract is revoked and accordingly, the Defendant is obliged to implement the procedure for cancellation of the transfer of name to C.

2. Judgment on the defendant's assertion

A. The defendant's assertion that the defendant borrowed the name of deceptive C so that C may not dispose of it in mind while purchasing it, and registered the ownership as the ownership of 9% to C and the defendant as the ownership of 1% shares.

However, the marital relationship between C and the defendant's father and the defendant's father was omitted, and the 99% share of the instant vehicle, which was held in title in order to warn C on July 30, 2015, was transferred to C.

Therefore, the instant automobile is not owned by the Defendant, but owned by C, and therefore C’s transfer of the instant automobile to the Defendant does not constitute a fraudulent act.

(b) the plate 1) ownership of motor vehicles or heavy machinery (or construction machinery);

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