logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.05.16 2017가단6476
자동차소유권이전등록절차인수
Text

1. The Defendant caused the termination of the title trust on November 2, 2017 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

Comprehensively taking account of the respective descriptions of evidence Nos. 1 through 3 and the purport of the entire pleadings, the Plaintiff purchased a motor vehicle in the separate sheet (hereinafter “instant motor vehicle”) from C on August 29, 2013 under the name of the Plaintiff, and the Defendant agreed with the Defendant to register the repayment agreement for installment payments and the transfer of ownership for the motor vehicle. However, after one month, the Defendant entered into an agreement with the Defendant to entirely change the name of the Defendant (hereinafter “instant title trust agreement”) and accordingly, can recognize the fact that the instant motor vehicle owner was registered in the name of the Plaintiff on the same day.

In addition, it is evident that the copy of the instant complaint containing the Plaintiff’s declaration of termination of the instant title trust agreement was served on November 2, 2017 on the Defendant.

Therefore, since the instant title trust agreement was lawfully terminated on November 2, 2017, the Defendant is obligated to take over from the Plaintiff the ownership transfer registration procedure based on the termination of title trust with respect to the instant automobile.

Although the defendant asserts that the transfer registration procedure cannot be taken over due to the current bad credit standing, the circumstance that the defendant is registered as the bad credit holder in a financial institution is not a legal obstacle in the transfer registration of the ownership of a motor vehicle. Therefore, the defendant's above assertion is without merit.

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition.

arrow