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(영문) 서울중앙지방법원 2016.11.25 2016나18776
자동차소유권이전등록절차 인수
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On May 7, 2007, Orapro Capital Co., Ltd. (hereinafter “Plaintiff”) concluded a lease agreement with the Defendant, a lessee, fixing the lease term of KRW 36 months, monthly lease fee of KRW 1,039,160 as stated in the separate sheet (hereinafter “instant automobile”), and around that time, delivered the instant automobile to the Defendant. In addition, the Plaintiff transferred the instant automobile to the Defendant, on May 7, 2007, without asking the lessee before or after the merger.

B. According to the terms and conditions applicable to the instant lease agreement, where the lease contract is terminated due to the expiration of the lease term and the cancellation or termination of the lease contract, the Defendant shall return the vehicle to the Plaintiff at the expiration date of the lease term or the termination date of the contract.

【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. Although the lease contract of this case was terminated due to the termination of the contract on August 22, 2007 due to the termination of the contract, etc., the Defendant did not perform the duty to return the motor vehicle upon the termination of the lease contract and did not pay various taxes, administrative fines, penalties, etc. as it is, and thereby, caused considerable property damage to the Plaintiff.

Therefore, the defendant is obligated to take over the transfer registration procedure of ownership transfer on August 22, 2007 with respect to the automobile of this case as stated in the purport of the claim to the plaintiff.

B. In the event that the instant lease contract is terminated, according to the health care unit and evidence evidence No. 1 (lease) as to whether the Defendant is obligated to accept the transfer registration procedure for the instant automobile from the Plaintiff, the main contract under Article 10(1) of the Terms and Conditions applicable to the instant lease contract is terminated or terminated.

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