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(영문) 서울중앙지방법원 2018.08.30 2018가단3517
자동차소유권이전등록청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The parties' assertion

A. On January 9, 2014, the Plaintiff concluded an entrustment management contract for the instant automobile with the Plaintiff’s trucking business operator and the Plaintiff’s Do resident Do Do Do Do Do Do Do Do Do, and the contract was terminated by delivery of the instant complaint as the network Do Do Do d did not pay management expenses, insurance premiums, etc. As such, the Defendants, the heir of the network Do Do Do Do Do, have the obligation to take over the ownership transfer registration procedure for the instant automobile from the Plaintiff on the ground of termination of the entrustment management contract.

B. As to this, the Defendants asserted that the Plaintiff’s claim cannot be complied with since they renounced inheritance in succeeding the network D’s property.

2. According to each of the statements in Eul evidence Nos. 1 through 3, the court below found that the deceased died on December 9, 2015, Defendant A filed a declaration of renunciation of inheritance with the Ulsan District Court 2016Ra297 on March 8, 2016 that the above Defendants were to waive the inheritance of the deceased D’s property as the deceased’s wife, Defendant B, and C as the deceased’s offspring’s offspring, and that the above court accepted the declaration on May 10, 2016. According to the above facts, the Defendants were not the deceased’s heir retroactively from the time the inheritance of the deceased D was commenced due to the renunciation of inheritance. Accordingly, the Plaintiff’s claim against the Defendants on the premise that the Defendants succeeded to the rights and obligations regarding the instant automobile as the deceased’s heir cannot be accepted.

3. Thus, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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