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(영문) 서울북부지방법원 2020.01.10 2019가단105303
소유권이전등록
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. On December 1, 2017, the Plaintiff’s summary of the Plaintiff’s assertion purchased construction machinery listed in the separate sheet 1 and 2 from Defendant B, construction machinery listed in the separate sheet 3 from Defendant C, and construction machinery listed in the separate sheet 4 from Defendant D in each of three million won. As such, the Defendants are obligated to implement the procedure for changing the name of each of the above construction machinery (hereinafter “each of the instant construction machinery”).

2. Determination ① The Plaintiff submitted each construction machinery transfer certificate and power of attorney prepared in the name of the Defendants as evidence to support the above assertion. According to the witness E’s testimony, the Plaintiff’s auditor and witness E paid each construction machinery purchase price to F or G, an intermediate seller, and received each of the above construction machinery transfer certificate and power in blank where the seal impression of the Defendants is affixed from the above companies, and the Plaintiff supplemented the contents of each of the above construction machinery transfer certificate and power of attorney. The Defendants’ names stated in each construction machinery transfer certificate and power of attorney were affixed directly by the Defendants.

In light of the following facts: (a) there is no evidence supporting the Defendants’ seal impressions; (b) there is no other evidence supporting the Defendants’ seal impressions; (c) the Defendants’ names, sales proceeds, sellers and buyers; (d) the details are supplemented by the same person on the part of the Plaintiff; and (b) even based on the witness E’s testimony, the Plaintiff’s purchase of each of the instant construction machinery does not actually have received delivery; and (c) there is no evidence confirming the existence or whereabouts of the said machinery; and (d) there is no evidence confirming that the F and G entities or the said enterprises alleged by the Plaintiff as intermediate selling enterprises are duly entrusted by the Defendants; and (c) there is no evidence verifying the time and amount of the Plaintiff’s purchase of each of the instant construction machinery or the payment of the sales proceeds.

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