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(영문) 서울동부지방법원 2016.06.01 2015가단35769
자동차소유권이전등록
Text

1. The Defendant caused the termination of the title trust on December 31, 2015 with respect to the motor vehicles listed in the separate sheet from the Plaintiff.

Reasons

1. Where the purport of the entire argument is added to the evidence Nos. 1 through 6 of the judgment on the cause of the claim, the plaintiff, in the name of the plaintiff, registered the business of the company "C" and proposed that the defendant operate the above company and distribute the business profit of the above company to the plaintiff. The defendant purchased the automobile listed in the separate sheet (hereinafter "the automobile of this case") in the name of the plaintiff around July 28, 2010 in the operation of the above company and operated the automobile of this case after completing the transfer of ownership registration. The plaintiff and the defendant agreed to transfer the ownership of the automobile of this case to the plaintiff at the request of the plaintiff. The above company's business registration was cancelled after closure of business on April 19, 2012, and it was evident that the defendant had been subject to a fine for negligence, imposed several times, and recommended that the vehicle of this case be seized to the defendant by public notice, and it is clear that the complaint of this case was transferred to the defendant.

According to the above facts of recognition, it is reasonable to view that the Defendant held the title trust of the instant vehicle to the Plaintiff, and the above title trust relationship was lawfully terminated by the delivery of the instant complaint.

Therefore, the defendant is obligated to take over the transfer registration procedure for the instant automobile from the plaintiff on December 31, 2015 due to the cancellation of title trust.

2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.

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