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(영문) 광주지방법원 순천지원 2017.01.20 2016가단71611
소유권이전등록
Text

1. The Defendant (Counterclaim Plaintiff) trading on October 10, 2014 with respect to a motor vehicle indicated in the separate sheet to the Plaintiff (Counterclaim Defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. The plaintiff asserted that since the plaintiff purchased the automobile of this case effectively through the defendant's agent, the defendant is obligated to perform the procedure for ownership transfer registration for the automobile of this case (the ground of claim) and that the defendant did not sell the automobile of this case to the plaintiff. Thus, the plaintiff possessing the automobile of this case without title has the obligation to deliver the automobile of this case

(Ground of counterclaim) 2. Facts of recognition

A. On October 10, 2014, the Plaintiff purchased KRW 10,500,000 for the instant motor vehicle, the ownership transfer registration of which was completed under the name of the Defendant from October 10, 2014 (hereinafter “instant sales contract”), and wired KRW 10,50,000 to B on the same day, and is occupying and using the instant motor vehicle under the possession of B.

B. On October 10, 2014, B remitted KRW 10,300,000, out of the above purchase price of KRW 10,500,00 to C.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 3 (including additional numbers), the results of this court's response to the submission of financial transaction information to the Korean Bank Co., Ltd., the purport of the whole pleadings

3. The following circumstances acknowledged by the above fact-finding and the evidence as follows: ① At the time of the sales contract of this case, B occupied the motor vehicle of this case; ② did not peep into the situation that B occupied the motor vehicle of this case by illegal acts, such as theft; ② rather, B appears to have occupied the motor vehicle of this case by delivery from C; ② The defendant also recognized that C is the "motor vehicle with motor vehicle with the defendant's identity", and C has a comprehensive authority to sell the motor vehicle under the defendant's name according to the delegation of the defendant's authority or the granting of the power to act; and, as to the sale of some motor vehicles, C performs its duties by re-agenting it to B.

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