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(영문) 서울남부지방법원 2016.11.30 2016가단211563
소유권이전등록
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

Basic Facts

On May 2, 2013, the Defendant (Co., Ltd.) completed the transfer registration of ownership on the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

The Plaintiff holds a certificate of transfer of a motor vehicle in blank form, a certificate of waiver of a motor vehicle, a certificate of business registration (as of April 18, 2013), a certificate of corporate seal impression (as of May 23, 2013), and a certificate of registration of a motor vehicle with the name of the Defendant Company and the seal imprint affixed only

(2) On October 2, 2013, the Plaintiff purchased the instant motor vehicle from the Defendant in KRW 25,00,00,00 through a motor vehicle broker D, and the Defendant E at the time consented thereto. The Plaintiff’s representative director consented to the purchase of the instant motor vehicle in KRW 25,00,000 on October 2, 2013.

Therefore, the defendant should implement the procedure for ownership transfer registration on the instant motor vehicle to the plaintiff.

Judgment

Considering the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that a sales contract was concluded between the Plaintiff and the Defendant as alleged above, and there is no other evidence to acknowledge otherwise.

The documents of this case held by the plaintiff are blank documents with only the name and seal impression of the defendant company, and the contents of the sales contract with the plaintiff are not entirely stated.

After borrowing money from D, the Defendant filed a theft report on December 30, 2013 to find the instant vehicle, and accordingly, the Plaintiff was investigated by the Gyeonggi Hyeong Police Station on February 18, 2014, and borrowed KRW 25,000,000 to D until October 2, 2013, and used the instant vehicle after receiving the instant documents from D.

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