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(영문) 수원지방법원 2014.12.16 2013가단70268
자동차등록말소절차이행 및 자동차명도
Text

1. The defendant shall be the plaintiff.

(a) completed June 5, 2012 with respect to the motor vehicles listed in the separate sheet C.

Reasons

1. Facts of recognition;

A. On March 2, 2012, the Plaintiff borrowed KRW 15,000,00 from E through D as of March 17, 2012, and delivered to E a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) owned by the Plaintiff as a means of providing collateral.

B. The Plaintiff failed to repay the above loan to E by March 17, 2012, and issued a certificate of personal seal impression in the name of the Plaintiff to E through D around April 26, 2012.

C. E entered into a sales contract with F to sell the instant motor vehicle, and the F delivered the instant motor vehicle to F, and the F entered into a sales contract with the Defendant to sell the instant motor vehicle again, and then delivered the instant motor vehicle to the Defendant.

Around June 5, 2012, G with a substantial operator of the Defendant forged the Plaintiff’s certificate of automobile transfer under the Plaintiff’s name using the Plaintiff’s certificate of personal seal impression, and completed the ownership transfer registration under the Defendant’s name as indicated in the Disposition No. 1 (hereinafter “instant ownership transfer registration”). The Defendant occupied and used the instant automobile from around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 6, 8, Gap evidence 9-1, 3 through 6, the purport of the whole pleadings

2. Determination:

A. According to the above facts of determination as to the cause of the claim, the ownership transfer registration of this case completed under the name of the defendant with respect to the motor vehicle of this case was completed based on the certificate of a vehicle transfer in the name of the plaintiff, and thus, it is deemed that the cause invalidation is registered. Thus, the defendant is obligated to implement the procedure for the registration of the ownership transfer registration of this case to the plaintiff,

B. As to the Defendant’s assertion 1, the Defendant issued the Plaintiff’s certificate of personal seal impression to E, etc., in light of the fact that the Plaintiff issued the Plaintiff’s certificate to E.

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