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(영문) 부산지방법원 2016.01.29 2015가단22942
자동차매매대금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff purchased the vehicles listed in the attached Form No. 25 million won from the Defendant in 2013 and paid the price to the Defendant, and received the delivery.

However, after receiving the above vehicle, the Plaintiff became aware of the fact that the above vehicle is called a "large-scale vehicle", and the Defendant is belonging to and sold to the Plaintiff.

Therefore, since the Plaintiff cancelled the sales contract for the said vehicle, the Defendant should return the said vehicle to the Plaintiff at the same time as the sales price of KRW 25 million.

B. The defendant alleged that the defendant was a vehicle that became aware of the name transfer at the time of selling the above vehicle to the plaintiff, and that it was a security by the monetary obligation relationship, and there was no fact that the plaintiff belongs to the plaintiff.

2. A sales contract is concluded as alleged by the Plaintiff, and the fact that the Plaintiff received and used a vehicle after paying the purchase price to the Defendant is not disputed between the parties, or may be recognized by the purport of each entry in the evidence A and Nos. 1 through 4, and all pleadings.

However, the fact that there is no dispute, according to the statement in Gap evidence No. 4 and the purport of the whole pleadings, at the time of the purchase of the above vehicle, the plaintiff was well aware that it was a vehicle owned by a third party and did not have any intention to transfer its name (the owner of the above vehicle is the third party, and the purchaser was registered immediately after the contract was entered if the above sale was a normal transaction. The plaintiff did not receive a nominal transfer while driving the above vehicle for more than one year) and it is difficult to believe that the plaintiff was purchasing the above vehicle by deceiving the defendant.

3. Thus, the plaintiff cannot cancel the above sales contract at will.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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