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(영문) 서울서부지방법원 2019.02.22 2018가단3260
소유권이전등록신청절차인수
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On January 15, 2016, the Plaintiff asserted that, in the event that the Defendant borrowed KRW 5 million (the amount of actual receipt shall be KRW 4.5 million, excluding interest,) from the Defendant and the Plaintiff is unable to repay it by April 15, 2016, the Plaintiff entered into a payment agreement in lieu of payment for the vehicle indicated in the separate sheet (the instant vehicle). As such, the Plaintiff failed to repay the said KRW 5 million by April 15, 2016, the Plaintiff sought the acquisition of the ownership transfer registration procedure for the instant vehicle in accordance with the said payment in substitutes agreement against the Defendant.

Although there is no dispute between the parties as to the fact that the Defendant lent money to the Plaintiff on January 15, 2016, there is no evidence to prove that the Plaintiff and the Defendant agreed to pay the instant vehicle in lieu of the repayment of the said loan obligation, the Plaintiff’s claim of this case premised on the said agreement is without merit.

2. Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

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