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(영문) 인천지방법원 2016.02.03 2015가단47500
차량등록말소
Text

1. The plaintiff's lawsuit against the defendants is dismissed in entirety.

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

Reasons

1. The plaintiff's assertion

A. On November 2002, the Plaintiff became aware of D and E after introducing D and E from C, which had been on a flat surface.

D The Plaintiff prepared documents by having the Plaintiff make a loan, and trusted it, and the Plaintiff transferred all the certificate of the personal seal impression and other documents.

B. However, D arbitrarily used the instant automobiles in the name of the Plaintiff and received the instant automobiles by deceiving its employees as if they were purchased by the Plaintiff, by arbitrarily using the said documents, and issuing cards at modern department stores, lot department stores, etc.

C. As a result, the Plaintiff’s tax is imposed on the instant motor vehicle that did not receive the delivery, and the damage caused by the fraudulent name theft, such as seizure, etc., is sought against the Defendants pursuant to Article 13(3)4, etc. of the Automobile Management Act for remedying damage.

2. 관계법령 ◆ 자동차관리법 제13조(말소등록) ① 자동차 소유자(재산관리인 및 상속인을 포함한다. 이하 이 조에서 같다)는 등록된 자동차가 다음 각 호의 어느 하나의 사유에 해당하는 경우에는 대통령령으로 정하는 바에 따라 자동차등록증, 등록번호판 및 봉인을 반납하고 시ㆍ도지사에게 말소등록(이하 "말소등록"이라 한다)을 신청하여야 한다.

Provided, That in cases falling under subparagraphs 7 and 8, the registration of cancellation may be applied for.

1. Where motor vehicle scrapping is requested to a person who has registered for the motor vehicle scrapping business pursuant to Article 53 (hereinafter referred to as "motor vehicle scrapping business operator");

2. Where it is returned to an automobile manufacturer or seller, etc.;

3. Where the vehicle age of a motor vehicle as prescribed by the Passenger Transport Service Act has been exceeded;

4. License, registration, authorization, or notification under the Passenger Transport Service Act and the Trucking Transport Business Act.

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