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(영문) 전주지방법원군산지원 2015.01.29 2014가단3219
자동차 소유권이전등록 청구
Text

1. The defendant shall be the plaintiff.

A. As to the motor vehicles listed in the separate sheet, it is based on the restoration of the true name.

Reasons

1. Facts of recognition;

A. On June 22, 2010, the Plaintiff completed the ownership transfer registration with respect to the automobiles listed in the separate sheet (hereinafter “instant automobiles”).

B. D, working in the “C” of a middle and high-ranking trader, said D, the Plaintiff’s wife, expressed that the instant vehicle will be sold in brokerage in KRW 30,000,000.

E, around October 27, 2013, delivered the instant motor vehicle and the key to the motor vehicle and the motor vehicle registration certificate to D, but there is no fact that the power of attorney on the motor vehicle sales contract or the motor vehicle sales was made, and the Plaintiff did not issue the Plaintiff’s seal or certificate of personal seal impression.

C. Meanwhile, G operating a motor vehicle trading company with the trade name “F” completed the transfer of ownership on October 28, 2013 with respect to the instant motor vehicle, and the Defendant, the head of G, as the instant motor vehicle, has completed the transfer of ownership on February 3, 2014 and possessed the instant motor vehicle until the day of the closing of argument, after completing the transfer of ownership on the instant motor vehicle.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 12 and 13 (including numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion did not delegate D the right to sell the instant vehicle, and the ownership transfer registration in the name of G pertaining to the instant automobile was made by forging documents in the name of the Plaintiff necessary for the registration of the vehicle transfer, and the registration of the ownership transfer in the name of the Defendant is also null and void.

Therefore, the Defendant, as the real owner of the instant motor vehicle, has the duty to implement the procedure for ownership transfer registration to restore the true registered name with respect to the instant motor vehicle and deliver the instant motor vehicle to the Plaintiff.

B. Examination of the judgment, each of the above evidence and evidence Nos. 5 to 8, and No. 10, and the inquiry of the fact to the vehicle registration office in the following cities: the witness G's testimony.

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