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(영문) 광주지방법원 2014.12.09 2014가단35995
차량인도청구 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On June 18, 2008, Defendant Aju Capital Co., Ltd. (hereinafter “Defendant Aju Capital”) completed a new registration as to the automobiles listed in the separate sheet (hereinafter “instant automobiles”) as the owner on June 18, 2008, and thereafter on November 17, 2008, the ownership transfer registration was completed in the future on the instant automobiles.

B. Defendant A Capital filed a lawsuit against B on the claim for registration of the transfer of ownership of a motor vehicle (hereinafter “prior lawsuit of this case”) due to the restoration of real name by the Chuncheon District Court Branch Decision 2010Kadan1889, and on June 16, 2010, Defendant B (Defendant B) was sentenced to a favorable judgment (a non-litigation judgment) that “The Plaintiff (Defendant A Capital) shall perform the procedure for the transfer of ownership on the motor vehicle (the motor vehicle of this case) listed in the attached list as the reason for the restoration of real name,” and the above judgment became final and conclusive around that time.

C. Defendant A Capital, based on the above final judgment, completed the transfer of ownership on November 17, 2010 on the instant automobile. D.

On January 1, 2010, the Plaintiff occupied and used the instant vehicle from B along with the registration certificate, and Defendant Solomon Credit Information Company (hereinafter “Defendant Solomon Credit Information Company”) collected the said vehicle from the Plaintiff on June 1, 2014, according to the delegation from Defendant Solomon Credit Information Company (hereinafter “Defendant Solomon Credit Information Company”) and delivered it to Defendant Solo Capital at that time.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The parties' assertion

A. Defendant A Capital delivered the instant vehicle to a third party in accordance with the lease contract in the instant prior lawsuit, and the third party provided it as a security, and the third party asserted that the ownership transfer registration for invalidity of the cause was completed to B through the succession to possession of the vehicle, but there was no evidence to acknowledge this.

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