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(영문) 부산지방법원 2015.01.21 2014나5958
자동차소유권이전등록
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall receive KRW 798,904 from the plaintiff at the same time.

Reasons

1. The reasoning of the court of first instance concerning this case is as follows: “The defendant against B shall not respond to the plaintiff’s claim for transfer of ownership until he is paid unpaid management expenses by the date of the closing of argument in the court of first instance”; “The plaintiff shall be liable to pay KRW 138,307 to the defendant according to the entries in evidence A 4” of the first instance judgment in the first instance judgment from among the grounds of the first instance judgment, “The plaintiff shall be liable to pay KRW 138,307 to the defendant according to the entries in evidence A 4. In full view of the purport of the whole argument in the statement in evidence No. 4, the amount equivalent to unpaid management expenses or management expenses up to December 17, 2014, total amount of KRW 798,904 [the amount equivalent to unpaid management expenses up to November 30, 2014, KRW 720,485 won 143,000 】 17/31 (the plaintiff shall pay management expenses up to 14, 2014,2014).7].7.

2. According to the conclusion, the Defendant is at the same time obligated to receive KRW 798,904 from the Plaintiff, and at the same time, to implement the procedure for ownership transfer registration for the instant automobile on August 23, 2013, which was caused by the termination of the instant consignment management contract.

Therefore, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed as it is without merit. Since the judgment of the court of first instance which partially changed the conclusion is unfair within the scope of the judgment, the defendant's appeal is partially accepted and the judgment of the court of first instance is modified as above, it is so decided as per

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