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(영문) 전주지방법원 2013.11.13 2011가단31098
대여금 등
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant (Counterclaim Plaintiff) C delivers a motor vehicle listed in the separate sheet, and B.

Reasons

1. In full view of the overall purport of the pleadings as a result of the fact-finding conducted on June 19, 2012 on the grounds that there is no dispute between the parties to the judgment on the claim of this case, or based on the statement in Eul evidence Nos. 7 and 8, witness F, G, and H’s testimony, and the fact-finding conducted on June 19, 2012 on the limited liability company I of this court, the motor vehicle listed in the separate sheet (hereinafter “the motor vehicle of this case”) is the Plaintiff’s actual owner. The Plaintiff purchased the motor vehicle of this case and entrusted the name of the purchaser and the mother of the Defendant C (hereinafter “the deceased”), the Defendant C occupied and used the motor vehicle of this case to the present day. Meanwhile, the deceased died on May 26, 2013, the Defendants jointly inherited the rights and obligations on the deceased’s property, and the Plaintiff’s application for change of the purport of the claim of this case on September 3, 2012.

5. The facts served on the deceased are clear in the records.

According to the above facts of recognition, Defendant C transferred the instant vehicle to the Plaintiff, and the Defendants, as co-inheritors upon the death of the deceased, succeeded to the status of the title trustee, are obligated to implement the registration procedure for transfer of ownership on September 5, 2012 with respect to each of the instant one-third shares among the instant vehicles on the ground of termination of title trust.

On June 9, 2010, the deceased entered into a contract for the management of the vehicle of this case with limited liability company I as follows. According to the evidence No. B No. 19, the registration of the transfer of ownership in the name of limited liability company I is acknowledged as to the automobile of this case.

According to these facts, the Defendants, as co-inheritors of the deceased, seek the execution of the procedure for the registration of transfer of ownership on the ground of the termination of the above contract for the management of land entry into a limited company.

2. Determination as to the counterclaim.

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