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(영문) 수원지방법원 2017.12.20 2015가단17520
자동차소유권이전등록절차이행
Text

1. The part of the claim for the cancellation of arrears among the lawsuits of this case shall be dismissed.

2. The defendant is against the plaintiff.

Reasons

1. Facts of recognition;

A. On July 8, 2002, the Plaintiff registered the ownership of a motor vehicle listed in the separate sheet (hereinafter “instant motor vehicle”).

B. On November 2003, the Plaintiff: (a) requested the Defendant who is engaged in the sales business of the end-of-life vehicle through Nonparty D, the former husband, to sell the vehicle; and (b) delivered the instant vehicle to the Defendant.

C. After the Defendant received the instant automobile from D, on November 13, 2003, the Defendant purchased liability insurance with respect to the instant automobile under the name of the Defendant, which had been purchased in the name of the Defendant, such as Samsung Fire and Marine Insurance Co., Ltd., until December 8, 2014. The Defendant occupied the instant automobile and operated it up to the recent period.

On July 8, 2002, the date of mortgage creation, Hyundai Capital Co., Ltd. and bond value of 3.1 million won is subject to mortgage. Hyundai Capital Co., Ltd. loaned KRW 15.5 million at the time of establishment of collateral security, but completed loan as of March 25, 2004, and currently there is no debt debt.

[Ground of recognition] Facts without dispute, Gap 1's statements, response to Gap 1's order to submit documents, Samsung Fire and Marine Insurance Co., Ltd., interesting country fire and marine insurance Co., Ltd., DB damage insurance Co., Ltd., Hyundai Marine Fire and Fire Insurance Co., Ltd., the purport of the arguments as a whole, and the purport of the arguments.

2. Determination on the part of the claim for the cancellation of the registration of arrears among the instant lawsuits

A. The summary of the Plaintiff’s assertion appears to mean the registration cancellation procedure for the registration of cancellation on the instant motor vehicle on the ground that the Plaintiff’s procedure for the registration of cancellation on the amount of delinquent taxes, such as mortgage, seizure, and fine for negligence incurred after November 13, 2003 for the instant motor vehicle, which was revised by November 28, 2017, refers to the procedure for the registration of cancellation on the registration of seizure established on the instant motor vehicle on the ground of delinquency in payment of fines for negligence

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