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(영문) 인천지방법원 2018.12.12 2018가단219450
자동차소유권이전등록절차이행 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 23, 2015, the Plaintiff completed the ownership transfer registration under its name with respect to a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. On May 16, 2016, the Defendant: (a) while driving the instant motor vehicle on May 16, 2016, paid the penalty by being exposed to the seat belt for the seat belt; and (b) the Defendant as the contractor purchased the instant motor vehicle insurance from June 3, 2016 to October 3, 2016.

C. From February 15, 2017 to April 15, 2017, the instant automobile was subscribed to the automobile insurance in the name of C, and on February 19, 2017, the history of dealing with the insurance by means of transportation is confirmed.

[Ground of recognition] Evidence No. 1, Evidence No. 4-1, and Evidence No. 5, and the purport of the whole pleadings

2. Assertion and determination

A. On September 1, 2015, Plaintiff (1) heard the horses that the Plaintiff purchased a heavy-sized vehicle in the name of the Plaintiff and provided it as security, and purchased the instant vehicle in the name of the Plaintiff and provided it as security after registering transfer of ownership in the name of the Plaintiff. Since the Defendant did not change the ownership of the instant vehicle even if he/she was directly or partially acquired the instant vehicle from the bond company on his/her name before May 16, 2016, the Defendant sought acquisition of the transfer of ownership registration procedure on the instant automobile against the Defendant. 2) The Defendant purchased the instant automobile from the entertainment tavern in the name of the Plaintiff, which was offered by the Defendant to the customer in lieu of the drinking value from the entertainment tavern in the name of the Plaintiff, and was temporarily operated with the permission of the customer and the entertainment tavern, but it cannot comply with the Plaintiff’s request since he/she returned it to the entertainment tavern.

B. In order for the Plaintiff to seek the transfer registration procedure for the instant automobile against the Defendant, the cause of acquisition of ownership, such as the sale and purchase of the instant automobile between the Plaintiff and the Defendant.

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