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(영문) 창원지방법원통영지원 2015.11.27 2014가단12835
자동차소유권이전등록
Text

1. The Defendant’s ground for termination of the title trust on July 21, 2014 is limited to the Plaintiff’s automobile indicated in the attached list.

Reasons

1. Determination as to the cause of claim

A. Comprehensively taking account of the following circumstances acknowledged by adding the entire purport of pleadings to each of the statements in evidence Nos. 1-5 and 11, it is reasonable to view that the Plaintiff, who was to serve as a director of the Defendant Company, purchased from the Defendant Company a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) on January 14, 2013, and the Plaintiff, the owner of the instant motor vehicle, externally, registers the instant motor vehicle in the name of the Defendant Company and vests its ownership in the Defendant Company; on the other hand, it is reasonable to view that the Plaintiff, who was an internally, made a title trust agreement with the content that the Plaintiff operates and manages the instant motor vehicle

On January 14, 2013, the Plaintiff purchased a new lane through C, which is an agent of the Amian Automobile Corporation, who visited the Plaintiff’s house, and is in possession of the original copy of the contract.

At the time of the purchase of the instant vehicle by the Plaintiff, C opened the previous car owned by the Plaintiff’s wife, and sold it at the auction house for the Yang Groscopian Republic, and deposited the remainder of KRW 4,562,00,000 after deducting KRW 4,562,00 from the initial payment for the instant automobile from KRW 5,20,000, and KRW 268,800 from the premium for the instant automobile.

At the time, the Plaintiff paid the instant car price to Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) and instead, the Plaintiff paid the amount equivalent to the instant car price for 36 months in the monthly installment. From February 18, 2013 to September 2014, the Plaintiff or D paid it to Hyundai Capital by means of using passbook transfer or account transfer, etc. for 20 months from February 18, 2013 to September 2014.

On January 7, 2014, the Plaintiff subscribed to the liability insurance policy to Hyundai Marine Fire Insurance (State) on the instant automobile and paid the price thereof.

The instant motor vehicle is the Plaintiff until September 2014.

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