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(영문) 춘천지방법원강릉지원 2015.08.11 2014가단6264
자동차인도 등
Text

1. The defendant

(a) deliver a motor vehicle indicated in the attached list (motor vehicle indication);

B. The above A.

subsection (b).

Reasons

1. Determination as to the cause of claim

A. 1) On March 4, 2014, the Plaintiff is a motor vehicle indicated in the separate sheet (Indication of Motor Vehicle) (hereinafter “instant motor vehicle”).

(2) Around February 25, 2014, the Plaintiff sold and delivered the instant vehicle to D, a used car with the previous registration.

3) D) On March 17, 2014, the Defendant Intervenor (hereinafter “Supplementary Intervenor”) who is the representative of the E-Automobile trading company is the Defendant Intervenor (hereinafter “Supplementary Intervenor”).

4) On March 17, 2014, the Plaintiff, who purchased the instant automobile from D and paid the price thereof, requested D to deliver documents necessary for the transfer of ownership to D, who was aware of the purchase price, and the Plaintiff rejected the request, forged the Plaintiff’s certificate of the transfer of the instant automobile under the Plaintiff’s name, and completed the transfer of ownership in its own name using the forged certificate of the transfer of the instant automobile.

5) As to the instant motor vehicle, the registration of transfer of ownership under the name of F on March 31, 2014, the name of G on April 16, 2014, and each transfer of ownership under the name of the Defendant was completed on May 2, 2014. 6) The Defendant occupied the instant motor vehicle after the completion of the transfer of ownership registration and the date of the closing of argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 5, Eul evidence 1, 2, and 3, part of Eul evidence 7-1, and the purport of the whole pleadings

B. According to the above facts of recognition, the registration of transfer of ownership on the instant motor vehicle in the name of the supplementary intervenor is null and void since it was based on the forged motor vehicle transfer certificate, and the registration of transfer of ownership in the name of the defendant is also null and void.

Therefore, the defendant, barring special circumstances, implements the procedure for ownership transfer registration concerning the automobile of this case for the restoration of the true name, and deliver the automobile of this case to the plaintiff.

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