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(영문) 광주지방법원해남지원 2017.08.08 2016가단3314
자동차 소유권이전등록 이행
Text

1. The defendant shall implement the procedure for registration of transfer of ownership as to the motor vehicle stated in the attached Form to the plaintiff.

2...

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiff sold the entire uniform to D fishery partnership corporations (hereinafter “instant corporation”) whose representative director was the Defendant’s omitted, on credit.

B. On September 1, 2015, “If the instant corporation did not pay KRW 23,140,000 to the Plaintiff by September 24, 2015, the Defendant entered that “where the instant corporation did not pay the Plaintiff the unpaid amount of KRW 23,140,000, the Defendant would make the Plaintiff to implement the procedure for ownership transfer registration as to the motor vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”), and the letter of performance signed and sealed in the name of the Defendant (i.e., the evidence No. 1 and the instant letter of performance”).

C. The corporation of this case did not pay the Plaintiff the price for the return to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. If the corporation of this case did not pay the return to the plaintiff as stated in the execution letter of this case, the defendant agreed to implement the transfer registration procedure for the automobile of this case to the plaintiff.

B. The defendant did not prepare a written statement of execution of this case.

3. There is no dispute between the parties that the following stamp image of the defendant's name on the statement of performance of the instant case is based on the defendant's seal.

Therefore, the authenticity of the instant performance is presumed to have been established.

In regard to this, the defendant alleged that C used the seal of the defendant and affixed the seal of the defendant and forged it, but there is no evidence to acknowledge the above forgery.

Ultimately, according to the instant performance memorandum, where the instant corporation did not pay KRW 23,140,00 to the Plaintiff by September 24, 2015, the Defendant can be recognized as having agreed to perform the procedure for ownership transfer registration as to the instant motor vehicle, and the instant corporation is above the amount of the said return.

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