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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 22, 2012, the Plaintiff reported the marriage with Nonparty C, and lived with a legally married couple. On April 13, 2015, the Seoul Family Court established divorce conciliation between the Plaintiff and C.
B. At the time of the divorce conciliation, the Plaintiff and C were divorced, but C was to pay to the Plaintiff KRW 17,000,000 as a division of property in installments from May 2015 to September 2016, in the amount of KRW 1,00,000 per month. In addition, an agreement was reached to confirm that the property and obligations held by the Plaintiff and C under their respective names belong to the ownership and the liability for repayment according to their respective names.
C. On October 1, 2014, the Plaintiff filed an application for provisional injunction against automobile disposal with the Seoul Family Court 2014 business group 1087 regarding the vehicles of Poter II registered as E, the right to claim for registration of transfer of ownership due to division of property against C as the preserved right, and received a provisional injunction order from the said court on October 1, 2014. After the divorce conciliation was completed, the Plaintiff voluntarily withdrawn the above provisional injunction and revoked its enforcement on October 20, 2015 at the request of C.
After that, on November 6, 2015, C made a transfer registration of the Raban vehicle (hereinafter “Raban vehicle”) as a registration number for cargo transportation services, and entered into a contract to transfer the said freight transportation services to the Defendant (hereinafter “instant transfer contract”) on the part of November 6, 2015, and on November 12, 2015, the transfer registration was made in the name of the Defendant with respect to ERaban vehicle.
After that, on March 3, 2016, the Defendant sold the Libera vehicle to a third party, and newly registered the said vehicle with the registration number E for the cargo transportation services that was newly purchased from C after purchasing the salary third class 1 ton.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1 to 4, Gap evidence 2-1, 2, 3, Gap evidence 3-1 through 8, Gap evidence 4-5, Gap evidence 5-1, 2, 3, Eul evidence 1-4 through 8, Eul evidence 1-2, Eul evidence 2-1 and 2-2, each of the arguments.