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(영문) 수원지방법원 2017.11.03 2016가단536585
자동차인도청구의 소
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) operated substantially as a company with a high-end trading business purpose, etc. D, and E is an employee of C.

B. On July 31, 2016, E loaned money to the Plaintiff on the same day, while E had a vehicle subject to transfer of ownership in the name of the company after transferring the ownership to the Plaintiff under the name of the company.

E and the Plaintiff, August 1, 2016, prepared a certificate of automobile transfer with the transferor F (agent D) and the transferee as the Plaintiff on the instant automobile, and on the same day, the Plaintiff means a loan from the new bank for the second and second purchase from the new bank of Korea-Japan.

Ro 49,500,000 won was loaned to the C account directed by E.

C. On August 1, 2016 and August 2, 2016, E paid KRW 47,000,000 in total, for the purchase price of the instant vehicle and the registration cost for vehicle transfer to F.D.

On August 3, 2016, the registration of transfer of ownership was completed in the name of the Plaintiff in the name of F on the instant motor vehicle.

E. On August 11, 2016, the Defendant concluded a sales contract with E to purchase KRW 38,000,000 for the instant motor vehicle. On the same day, the Defendant agreed to offset a part of the vehicle price previously traded with KRW 3,000,000 for the refund of KRW 35,00,000 for the said purchase price, and paid KRW 35,000 for E.

F. Afterward, the Defendant occupies the instant vehicle upon delivery from E.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, 5, Eul's 1 through 6 (including each number), the witness E's testimony, and the purport of whole pleading

2. The parties' assertion

A. On August 1, 2016, the Plaintiff (Cause of Claim) concluded a sales contract with D on behalf of F, and paid KRW 49,500,000 for the instant motor vehicle, and subsequently completed the ownership transfer registration on August 3, 2016, and acquired ownership of the instant motor vehicle.

Therefore, the defendant.

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