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(영문) 청주지방법원제천지원 2019.11.13 2019가단681
자동차번호판 소유권이전등록절차 이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 16, 2017, the Defendant issued and delivered a certificate of full payment of the vehicle sale stating that “The Plaintiff sold the number plate of the vehicle indicated in paragraph (2) of the attached Table, and received full payment of KRW 28,00,000,000,” to the Plaintiff.

B. On December 10, 2018, the Defendant issued and delivered to the Plaintiff a letter of undertaking that “the Defendant shall receive KRW 56,000,000 from each motor vehicle’s number plate value listed in the separate sheet and perform the transfer and acquisition by the end of the year 2018: Provided, That the Defendant shall either pay the debt amount and the rent when the transfer and acquisition is not possible, or promise to transfer and take over the license of the intermediary.”

[Grounds for recognition] The entry of evidence No. 2-1 and No. 2-2, the purport of the whole pleadings

2. Each motor vehicle listed in the annexed list of the plaintiff's assertion is owned by the land owner or the number plate of each of the above vehicles is owned by the defendant.

The plaintiff

1.(b)

As described in paragraph (1), the Defendant acquired each of the above numbers from the Defendant on December 10, 2018, and thus, the Defendant is obligated to implement the transfer registration procedure on each of the numbers of the vehicles listed in the separate sheet to the Plaintiff on December 10, 2018 due to the transfer contract as of December 10, 2018.

3. According to the relevant provisions including Articles 10 and 16 of the Motor Vehicle Management Act, the registration number of a motor vehicle is given by the Mayor/Do Governor for the management of the motor vehicle in accordance with Ordinance of the Ministry of Land, Transport and Maritime Affairs, and the registration number plate bearing the registration number number is merely a sign affixed and sealed to the motor vehicle, so it cannot be deemed that the right to use the registration number plate or the registration number plate belongs exclusively to an individual, and it cannot be deemed that the registration number plate itself separate from the motor vehicle and constitutes an independent property or

(see Supreme Court Decision 201Da39793, Nov. 29, 2012). According to this, the number plate of a motor vehicle itself cannot be the object of a transfer contract between private persons. Thus, a transfer contract on the number plate of a motor vehicle as indicated in the separate sheet shall be concluded.

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