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(영문) 서울북부지방법원 2018.01.12 2017가단17129
자동차소유권이전등록절차인수
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of premise;

A. On August 10, 200, the Plaintiff (former E) is the nominal owner who completed the transfer registration of ownership on the instant motor vehicle on or around August 10, 200, and the Defendant B is the deceased’s father (legally inherited portion 2/5), and the Defendant C is the spouse of the deceased (legally inherited portion 3/5).

B. On August 29, 2006, the Deceased concluded an automobile insurance contract (hereinafter “instant insurance contract”) between Samsung Fire and Samsung Fire, which is “the insured F, 26 years of age or older,” replacing the insured vehicle from the instant vehicle, and the period of insurance from March 24, 2006 to January 9, 2007,” which is “the insured F, 26 years of age or older,” which is “the instant insurance contract.”

C. Upon the deceased’s death on April 21, 2013, the Defendants filed an appeal for adjudication of qualification inherited by inheritance with the Government District Court 2013 Ra1205. The above court accepted the appeal on August 27, 2013. The instant motor vehicle is not in the list of inherited property, and the original Defendant is currently missing.

[Ground of recognition] Facts without dispute, Gap 1, 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the parties asserted as follows, and sought the acquisition of transfer registration procedure, public charges, and damages equivalent to fines for negligence against the deceased’s heir on the premise that the deceased acquired the instant vehicle. The Defendants asserted to the effect that the deceased did not have acquired the said vehicle.

On October 2005, the Plaintiff borrowed KRW 2,00,000 from the borrower and delivered as security the instant vehicle to the borrower, and issued all documents necessary for the registration of the transfer of ownership of the vehicle, if the Plaintiff fails to repay by the end of November 2005.

The actual substance of the Plaintiff had attempted to pay the vehicle around December 2005, which was after the due date, but the borrower had already sold the vehicle to a third party and did not inform the third party of the identity and contact details of the third party. In the case of F, the Deceased, who was the wife of F, was the automobile insurance in the name of F on August 29, 2006.

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