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(영문) 인천지방법원 2017.09.26 2016가단209558
자동차소유권이전등록말소등
Text

1. As to the motor vehicles listed in the separate sheet to the Plaintiff (Counterclaim Defendant),

A. Defendant C is the Seo-gu Incheon Metropolitan City Office on 2016.

Reasons

1. Basic facts

A. On January 27, 2016, the Plaintiff: (a) registered a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) on “D” (hereinafter “D”); and (b) called “E” on January 28, 2016 (hereinafter “E”); (c) called “E”); (d) called “E”, sent the instant motor vehicle to KRW 24,000,000; and (e) in the Republic of Korea, the Plaintiff was contacted that our company will send it to a middle company’s withstanding trading.”

B. On the other hand, Defendant B, who is a wither affiliated with F, called “F”, called from E who assumes a false staff member of Ariju Capital on January 27, 2016, that “A customer (Plaintiff) intends to settle his/her obligation for selling and buying, and if the purchase and selling intermediary deposits the purchase and selling proceeds to capital, he/she would settle the Plaintiff’s obligation and send the remainder of the money to the Plaintiff on January 29, 2016.”

C. On January 29, 2016, at around 9:34, Defendant B accepted the call “to pay KRW 24,000,000 at the difference value,” “I wish to prepare a transport contract due to a tax issue,” and Defendant B was only Defendant B at the Gangnam-gu Seoul Metropolitan Government Open Holdings parking lot.

After examining the condition of the instant motor vehicle, Defendant B prepared a motor vehicle sales contract with the seller as the Plaintiff, the buyer as the Defendant B, and the buyer as the purchase price of KRW 16,00,000 (hereinafter “instant sales contract”), and received a registration certificate from the Plaintiff.

E. At around 12:01, Defendant B transferred KRW 17,00,000 (including brokerage expenses of KRW 1,000,000) to the national bank account in the name of “G” opened by E. However, Defendant B did not talk to the Plaintiff as to how much remittance was remitted.

F. The Plaintiff was urged to deposit KRW 24,00,000 from E prior to the delivery of the instant vehicle to Defendant B. However, from 12:24 to 13:38.

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