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(영문) 춘천지방법원 영월지원 2018.08.22 2018가단607
자동차소유권이전등록절차이행
Text

1. The Defendant is based on the termination of the title trust on May 2, 2018 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged either in dispute between the parties or in accordance with the purport of Gap evidence 1 to 4 and all pleadings.

① From October 2015, the Plaintiff and the Defendant joined the school on the premise of marriage.

② On April 4, 2016, the Defendant completed the ownership transfer registration in the name of the Plaintiff as to the automobiles listed in the separate sheet (the title of ownership C; hereinafter “instant automobiles”) used by him/her (hereinafter “instant automobiles”).

③ Even after the Defendant paid the purchase price of the instant automobile, the Defendant continued to use the said automobile.

④ On March 19, 2017, the Plaintiff brought the instant vehicle at will without notifying the Plaintiff on March 19, 2017, and the Plaintiff filed a complaint with an investigative agency for larceny.

⑤ The Defendant alleged that the instant motor vehicle was owned by the Defendant, who actually purchased, used, and managed by the Defendant, and that it was trusted in title to C and the Plaintiff, and was issued a non-prosecution disposition on the ground that there was no suspicion of the said larceny.

(6) The Plaintiff expressed in the instant complaint the intent to terminate the title trust agreement on the instant motor vehicle, and the said warden served on May 2, 2018 to the Defendant.

B. According to the above facts, it is reasonable to view that the instant automobile was title trusted by the Defendant to the Plaintiff, and that the title trust agreement between the Plaintiff and the Defendant was terminated on May 2, 2018, when the instant complaint stating the intent to terminate the Plaintiff’s title trust agreement, was served on

Therefore, the Defendant is obligated to take over the transfer registration procedure for the instant automobile from the Plaintiff on May 2, 2018, based on the termination of title trust.

2. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.

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