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(영문) 창원지방법원통영지원 2015.03.31 2014가단1408
자동차소유권이전등록
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. On May 10, 2013, the Plaintiff transferred KRW 10 million to the Defendant’s account, and KRW 1.5 million to the Defendant’s account on May 13, 2013.

B. On May 20, 2013, the Defendant purchased a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”) and A.

The money as stated in paragraph (1) and the money borrowed from Hyundai Capital Co., Ltd. shall be paid for the purchase price, and the transfer of ownership is completed in its future.

【Ground of recognition】 Evidence Nos. 1, 2, and 3, and the purport of the whole pleadings.

2. Parts of the main claim

A. The summary of the Plaintiff’s assertion is that the Plaintiff purchased the instant motor vehicle under the name of the Plaintiff, and the Defendant will use it until the Plaintiff needs to use it. The Defendant voluntarily transferred KRW 11.5 million to the Defendant, and the Defendant voluntarily completed the ownership transfer registration on the said motor vehicle.

The Plaintiff and the Defendant recognized that the said automobile was owned by the Plaintiff, and concluded a title trust agreement to maintain the ownership transfer registration under the Defendant’s name to avoid the spreading of the ownership transfer registration and to change the Plaintiff’s name in the future.

The plaintiff terminated the above title trust agreement with the service of the duplicate of the complaint of this case. Thus, the defendant is obligated to implement the transfer registration procedure for the above automobile.

B. Determination 1) On May 10, 2013 and May 13, 2013, the Plaintiff remitted a total of KRW 11.5 million to the Defendant, and the said money was used to purchase the instant vehicle, as recognized in paragraph 1.2) However, in full view of the overall purport of the entries and arguments in No. 6, No. 3, the Defendant borrowed part of the funds to purchase the instant vehicle from Hyundai Capital Co., Ltd., and the Plaintiff jointly and severally guaranteed the Defendant’s obligation under the said loan agreement, and the Defendant repaid the said loan until the closing date of the argument in this case.

In addition, the plaintiff is the defendant.

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