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Reasons
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(영문) 수원지방법원안산지원 2019.07.24 2017가단68267
자동차인도 등 청구의 소
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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The counterclaim of this case shall be dismissed.

3. Of the costs of lawsuit.

Reasons

1. Basic facts

A. On October 17, 2013, the Plaintiff (Korean) opened a mutual business entity called “D” that runs the wholesale and retail business of agricultural and fishery products, but closed the business on November 25, 2015.

B. On May 16, 2014, C (Korean) who substantially operates D purchased a motor vehicle listed in the separate sheet and registered ownership in the name of the Plaintiff (50%) and E (50%) under the joint name of the Plaintiff (50%) to use it for its business, and subscribed to the Plaintiff’s automobile insurance in the name of the Plaintiff.

C. The Defendant married on May 12, 2017 with C (Korean nationality China).

[Reasons for Recognition] Uncontentious Facts, Gap 1, 2, 3, 4, 7 evidence, Eul 1-1, the purport of the whole pleadings

2. Ownership of the motor vehicle indicated in the attached Form;

A. The Plaintiff’s assertion 1) invested KRW 30 million in the invitation of pro-Japanese, and established and operated D on October 17, 2013, most of the practical practices were C. The Plaintiff purchased a motor vehicle listed in the separate sheet for D’s business operations, and registered the ownership of the motor vehicle in the name of the Plaintiff and E, and paid the vehicle price in the Plaintiff’s account from the Plaintiff’s business account. The said motor vehicle is owned by the Plaintiff. Although the Defendant was donated the motor vehicle as indicated in the separate sheet from the actual owner C, the Plaintiff has not yet been entitled to dispose of the said motor vehicle. (2) The Defendant’s wife operated the business under the name of the Plaintiff and did not participate in the Plaintiff’s business, and the Plaintiff did not participate in the loan of KRW 30 million.

C, while operating D, purchased a motor vehicle in the name of the plaintiff and paid it directly, the actual owner of the above motor vehicle is C and the plaintiff is entrusted only with the ownership of the motor vehicle.

C On May 12, 2017, the said vehicle was donated to the Defendant on May 12, 2017 (the date of marriage declaration).

(b) judgment;

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