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(영문) 대구지방법원 2020.06.11 2020가단1544
자동차소유권이전등록
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) On July 21, 1995, the Plaintiff transferred the ownership transfer registration to C with respect to the instant automobile.

(2) On April 18, 1997, the procedure for the registration of transfer of ownership was completed from C to the Plaintiff.

On the same day, the registration of the creation of mortgage made creditors D Co., Ltd. and debtors C was completed with respect to the instant automobile.

B. The Defendant C died on August 3, 2018.

Appointed E is the wife of C, the Defendant (Appointed Party) and the Appointed F are his children.

(hereinafter collectively referred to as "defendants"). [Grounds for recognition] There is no dispute, entry of Gap evidence 1, and purport of the whole pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion (1) C purchased the instant vehicle from the Plaintiff on July 21, 1995, and operated the registration of transfer of ownership between the Plaintiff and his knowledge on July 21, 1995.

(2) The Defendants, the inheritor of C, are obligated to take over the instant automobile ownership transfer registration.

In addition, while C is operated, it is obligated to pay KRW 2,231,500,00, such as taxes in arrears.

B. (1) On April 18, 1997, the fact that the ownership transfer registration was completed in the Plaintiff’s future was completed.

According to Article 12 of the Automobile Registration Act (Act No. 5104), Article 13 of the Decree on Automobile Registration (Presidential Decree No. 15162), and Article 33 of the Automobile Registration Rules (Ordinance No. 88 of the Ministry of Construction and Transportation), a person who files an application for registration of transfer due to sale must submit a certificate of automobile transfer, a certificate of personal seal impression, etc.

Since it is presumed that the instant motor vehicle is registered with these documents, the Plaintiff must prove that the ownership transfer registration has been completed without being based on his own intent.

(2) There is no evidence to acknowledge that C returned and operated the ownership transfer registration of the instant motor vehicle in the name of the Plaintiff.

Plaintiff

The argument is without merit.

3. Conclusion

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