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(영문) 전주지방법원 군산지원 2018.05.03 2017가단3135
자동차소유권이전등록말소등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 12, 2013, the Plaintiff completed the transfer of ownership under the name of the Plaintiff with respect to the instant automobile.

B. On May 25, 2016, the Defendant concluded a contract with B, an agent of the Plaintiff, to purchase the instant vehicle with KRW 22 million from the Plaintiff.

(hereinafter “instant sales contract”). On May 25, 2016, the Plaintiff issued a certificate of personal seal impression for sale in the Plaintiff’s name to B.

The above certificate of personal seal impression was issued to the defendant at the time of the instant sales contract, and the name column of the purchaser of the above certificate of personal seal impression is written by the defendant.

C. On May 26, 2016, the Defendant paid KRW 22 million to B, and on the same day, completed the instant transfer of ownership in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, Eul evidence 1 and 3 through 7, the purport of the whole pleadings

2. Determination:

A. The Plaintiff’s assertion 1) B made the instant sales contract with the Defendant by stealing the Plaintiff’s name, although the Plaintiff did not have the authority to dispose of the instant automobile, and the Defendant concluded the instant sales contract with the Defendant, and the Defendant completed the ownership transfer registration pursuant to the instant sales contract. (2) Even if the Plaintiff was authorized to dispose of the instant automobile, B and the Defendant did not verify whether the Plaintiff intended to sell the instant automobile to C, the actual owner of the instant automobile. Therefore, the instant automobile cannot be lawfully acquired.

3) Therefore, the Defendant is obligated to implement the procedure for the registration of cancellation of ownership transfer in this case to the Plaintiff and deliver the instant vehicle. B. If the seal imprint affixed to the certificate of a vehicle transfer (whether the document No. 2 is authentic and affixed with the seal affixed thereto, barring any special circumstance, it is presumed that the authenticity of the seal imprint was created, i.e., the act of affixing the seal was based on the will of the person under whose name the signature was written, and once the authenticity of the seal imprint is presumed to have been

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