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(영문) 수원지방법원안양지원 2019.03.22 2018가단8154
자동차소유권이전등록절차이행청
Text

1. Defendant C made an agreement on payment in kind on May 15, 2018 with respect to the motor vehicles listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 15, 2018, the Plaintiff leased KRW 6 million to the deceased D (hereinafter “the deceased”) at the rate of 24% per annum until July 14, 2018. On the same day, the Plaintiff entered into an accord and satisfaction agreement with the deceased to the effect that “if the deceased fails to repay the loan to the Plaintiff by the maturity date, the deceased will implement the procedure for ownership transfer registration” (hereinafter “instant accord and satisfaction agreement”).

B. On the other hand, on July 2, 2018, the deceased died without paying the above loans on July 2, 2018, prior to the maturity of the said payment period. Accordingly, on August 27, 2018, Defendant C was sentenced to the judgment that he/she accepted the report of qualified acceptance as the Head of Suwon District Court’s Ansan Branch Branch 2018Ra451 on August 27, 2018, and Defendant B, the deceased’s mother, accepted the report of renunciation of property inheritance as the above support 2018Ra637 on November 30, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 11, purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant C is obligated to implement the procedure for ownership transfer registration based on the instant payment agreement with respect to the instant automobile to the Plaintiff.

B. Meanwhile, the Plaintiff’s claim against Defendant B based on the premise that Defendant B succeeded to the deceased’s property, is difficult to accept, on the other hand, since the fact that Defendant B received a judgment on acceptance of the report on the renunciation of the inheritance of the above content.

3. In conclusion, the plaintiff's claim against the defendant C is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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