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(영문) 대구지방법원김천지원 2015.08.19 2014가단13026
자동차소유권이전등록절차이행
Text

1. The Defendant’s ground for termination of title trust on June 22, 2015 is limited to the automobile indicated in the separate sheet from the Plaintiff.

Reasons

1. Facts of recognition;

A. When the Defendant purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”), and was unable to register the instant motor vehicle without any disability grade, the Defendant decided to complete the ownership transfer registration for the instant motor vehicle in the name of the Plaintiff, known to the general public.

B. On April 6, 2007, after completing the ownership transfer registration for the instant motor vehicle under the name of the Plaintiff, the Defendant began to use the said motor vehicle while occupying it.

C. On September 15, 2009, the Plaintiff sent to the Defendant a certificate of content that “the Plaintiff would not cause damage to the Plaintiff, such as selling the instant vehicle to others.”

Since June 23, 2014, the Defendant did not pay automobile tax of the instant motor vehicle from around 2009, and thus, kept the number plate of the instant motor vehicle in custody from old and previous viewing to present.

E. The Defendant paid all the automobile tax in arrears on June 24, 2014.

F. The instant automobile is kept in the underground parking lot in the Defendant’s residence from the day when the car number plate was kept in custody as above to the present day.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that a title trust agreement between the plaintiff and the defendant was made that only the transfer of ownership was owned by the plaintiff, since the defendant completed the transfer registration under the name of the plaintiff on April 6, 2007.

Inasmuch as the fact that the duplicate of the instant complaint indicating the Plaintiff’s intent to terminate the title trust agreement reaches the Defendant on June 22, 2015 is apparent in the record, the Defendant is obligated to accept the application procedure for the registration of transfer of ownership from the Plaintiff on June 22, 2015.

B. The defendant's assertion is that the plaintiff is delinquent in automobile tax.

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