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(영문) 광주지방법원순천지원 2015.02.04 2014가합2090
자동차소유권이전등록절차인수 등
Text

1. The part concerning the claim for confirmation of payment obligation, such as fines for negligence, automobile tax, etc., shall be dismissed;

2. The defendant.

Reasons

1. Basic facts

A. On April 11, 2002, the Plaintiff purchased the instant vehicle as a discount and newly registered as the owner. On the same day, the Plaintiff completed the registration of mortgage creation (hereinafter “the instant mortgage”) with the debtor, mortgagee EL card Co., Ltd., and the bond price of KRW 24.7 million to L branch card Co., Ltd. who borrowed the same day.

B. On May 2003, the Plaintiff requested the seller of a used car whose trade name is unknown, to sell the instant vehicle, and issued all documents necessary for the transfer of ownership, and delivered the instant vehicle to the seller of the instant used car.

C. On September 3, 2005, the Defendant purchased the instant automobile through the used cars seller, and concluded an insurance contract between Samsung Fire and Samsung Fire with respect to the instant automobile from September 3, 2005 to September 3, 2006 with respect to the insurance period.

(Defendant renewed the above insurance contract by September 3 or September 4, 2013) by September 4, 2013.

Since then, the defendant operated the automobile of this case without taking over the ownership transfer registration of the automobile of this case, and the fine for negligence, automobile tax, environmental improvement charges, etc., which occurred in the process, were imposed on the plaintiff registered as the owner in the register of automobiles.

E. The installment payment obligation on the El branch card, which is the debt of the instant collateral security right, was fully repaid.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 6 (including the number of branch offices), Eul evidence No. 1, the fact inquiry result of this court's net market, the purport of the whole pleadings

2. Determination on the part concerning the claim for confirmation of payment obligation, such as administrative fines and automobile tax, among the instant lawsuit

A. On September 3, 2005, the Plaintiff, while acquiring the instant automobile, operated the instant automobile without transferring the name in which the Defendant received all documents necessary for the registration of transfer of ownership.

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