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(영문) 서울동부지방법원 2019.05.15 2018가단17571
소유권이전등록
Text

1. On December 19, 2018, the Defendant held the title trust of the Plaintiff on September 29, 2017.

Reasons

1. Facts of recognition;

A. On January 5, 2017, the Plaintiff entered into a business agreement to establish a defendant company to operate a first aid unit with Defendant In-house director C, D, E, and F, and established the defendant company engaging in emergency patient transport business.

B. As to the motor vehicles purchased on or around June 18, 2017 (hereinafter “instant motor vehicle”), the Plaintiff’s vehicle indicated in the separate sheet (hereinafter “instant motor vehicle”).

9. 29. After the registration of the transfer of ownership in the name of the Defendant, the Defendant had to bear the necessary expenses for the instant vehicle while driving the instant vehicle.

C. Around July 9, 2018, the Defendant with poor business performance, filed a report on the closure of emergency patient transport business and suspended the business.

The Plaintiff terminated the instant vehicle title trust agreement with the Defendant, and the duplicate of the instant complaint containing the intent of termination reaches the Defendant on December 19, 2018.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and 2 (including each number, if any), the purport of the whole pleadings

2. Judgment on the parties' arguments

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to implement the procedure for ownership transfer registration on December 19, 2018 with respect to the instant vehicle on the ground of termination of title trust.

B. The defendant's assertion asserts that since the plaintiff is obligated to compensate for expenses and losses incurred by the company director C, which is the representative of the defendant, the plaintiff should be paid by the plaintiff, and the procedure for ownership transfer registration concerning the vehicle of this case should be implemented to the plaintiff.

Therefore, the defendant's above assertion is not acceptable without further need to be determined, since there is no evidence to acknowledge expenses and losses incurred by the health team and C.

3. The plaintiff's claim of this case is justified and it is so decided as per Disposition.

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